Backus Plywood Corp. v. Commercial Decal, Inc. And Alfred Duhrssen

HAYS, Circuit Judge.

This is an action for breach of an alleged oral agreement, and for misrepresentation. The district court entered partial summary judgment dismissing under the statute of frauds so much of the complaint as was based on breach of contract, and invoked Fed.R.Civ.P. 54(b) to permit plaintiff an immediate appeal. With regard to that portion of the judgment dismissing, in part, appellant’s claim against Alfred Duhrssen, we hold that Rule 54(b) is inapplicable, and that the appeal must be dismissed as premature. The judgment dismissing appellant’s claim against Commercial Decal,…