Legal Opinion
Austracan, (U.S.A.) Inc. v. M/V Lemoncore
Court of Appeals for the Fifth Circuit
Decided August 30, 1974No. 73-2561PublishedCited by 17 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
Finality is a condition of federal appellate review, so written into the first Judiciary Act. It has been departed from only when its observance would practically defeat the right to any review at all. From the very beginning, piecemeal disposition of what, for practical purposes, is a single controversy has been forbidden. See Cobbledick v. United States, 309 U.S. 323, 60 S.Ct. 540, 84 L.Ed. 783 (1939); 28 U.S.C. §§ 1291 and 1292; F.R.Civ.P., Rule 54.
In recent years the decisions of this Court indicate a growing neglect of these principles among those who attempt to…
2Cases cited16 opinions
- Cobbledick v. United StatesSupreme Court of the United States · 1940
- Schoenamsgruber v. Hamburg American LineSupreme Court of the United States · 1935
- Costas Hadjipateras, Nicholas Hadjipateras and Dimitri Dracos v. Pacifica, S. A., and George TsakalotosCourt of Appeals for the Fifth Circuit · 1961
- Princess Ranola Johnson, Etc. v. M. Browning Combs, Superintendent, Grand Prairie Independent School DistrictCourt of Appeals for the Fifth Circuit · 1973
- The State National Bank of El Paso, Trustee for Lee Moor Children's Home v. United States of America, (Two Cases)Court of Appeals for the Fifth Circuit · 1974
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1989
- Treasure Salvors, Inc. v. The Unidentified Wrecked And Abandoned Sailing Vessel, Etc.Court of Appeals for the Fifth Circuit · 1981
- Coy E. Kirtland v. J. Ray McDermott & Co., Columbia Gulf Transmission CompanyCourt of Appeals for the Fifth Circuit · 1978
- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. NECHES BUTANE PRODUCTS COMPANY, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1983
- Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing VesselCourt of Appeals for the Fifth Circuit · 1981
12 more not listed; retrieve them via the Exa API.