Metallurgical Industries, Inc. v. Fourtek, Inc., a Corporation, and Irvin Bielefeldt

When an appellant notices appeal from an interlocutory order and subsequently obtains a certificate pursuant to Fed.R. Civ.P. 54(b) for appeal of the prior order, must a new notice of appeal be filed after entry of the Rule 54(b) order? Our answer: a new notice is not prerequisite to our jurisdiction.

On May 7, 1985, 762 F.2d 1002, this panel dismissed the appeal of Metallurgical Industries, Inc. on the grounds that the order from which the appeal was taken did not dispose of the claim against one of the defendants. We suggested that appellant accept appellees’ offer of a joint motion to the…