Communications Workers of America, Afl-Cio v. United Telephone Company of Ohio

We have before us appellee’s motion to dismiss an appeal brought by appellant, United Telephone Company of Ohio, from an order entered by the District Court on June 29, 1973. Appellee contends that said order was not the final order of the court within the meaning of 28 U.S.C. § 1291 (1970), and in any event it was not “a separate document” within the meaning of Rule 58(2) of the Federal Rules of Civil Procedure, and hence, that this court lacks jurisdiction cf. the appeal.

In the June 29 order the District Court specifically indicated, “Findings of fact and conclusions of law shall follow,”…