Legal Opinion

Southern Parkway Corporation, a Maryland Corporation v. Lakewood Park Corporation, a Florida Corporation

Court of Appeals for the D.C. Circuit

Decided December 10, 1959No. 15063_1PublishedCited by 19 opinions

1Opinion of the Court

EDGERTON, Circuit Judge.

The District Court separated Count 1 from the rest of a complaint and advanced this count for trial. The appealed judgment deals only with this count. Rule 54(b), F.R.Civ.P., 28 U.S.C.A., provides that when more than one claim is presented in an action the court may enter “a final judgment upon one or more but less than all of the claims only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.” Since no such express determination or express direction was made, the appealed judgment cannot be…

2Cases cited4 opinions

  1. Vale v. BonnettCourt of Appeals for the D.C. Circuit · 1951
  2. Etten v. KauffmanCourt of Appeals for the Third Circuit · 1950
  3. David v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1950
  4. Roberts v. American Newspaper Guild Roberts v. Evening Star Newspaper CoCourt of Appeals for the D.C. Circuit · 1951

3Cited by19 opinions

  1. Parish v. Maryland & Virginia Milk Producers Ass'nCourt of Appeals of Maryland · 1968
  2. Lowell Peterson v. Kenneth E. Lindner, Secretary of the Department of Administration, State of WisconsinCourt of Appeals for the Seventh Circuit · 1985
  3. Coy E. Kirtland v. J. Ray McDermott & Co., Columbia Gulf Transmission CompanyCourt of Appeals for the Fifth Circuit · 1978
  4. Stevens v. Mehagian's Home Furnishings, Inc.Arizona Supreme Court · 1961
  5. Hebel v. EbersoleCourt of Appeals for the Seventh Circuit · 1976

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