Wendolyn A. Kelly v. Lee's Old Fashioned Hamburgers, Inc. (Lee's Old Fashioned Hamburgers of New Orleans, Inc.), State Farm Fire & Casualty Company

We took this case en banc to consider the following question: May a district court enter a partial final judgment under Federal Rule of Civil Procedure 54(b), without reciting that “no just reason for delay” exists for its entry.

I

The background facts of this case are stated fully in the panel opinion. 896 F.2d 923 (5th Cir.1990). We will state only the facts important to our decision today. Kelly sued several defendants. The district court granted one defendant’s motion for summary judgment and dismissed all of plaintiffs claims against that defendant, but the court did not dispose of the…