Legal Opinion
Ernest F. Albiero v. City of Kankakee
Court of Appeals for the Seventh Circuit
Decided August 18, 1997No. 96-3381PublishedCited by 147 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Whether we have jurisdiction to decide this appeal depends on the answer to a question reserved in Otis v. Chicago, 29 F.3d 1159 (7th Cir.1994) (en banc). The district court dismissed Ernest Albiero’s complaint with prejudice but wrote that he had 21 days to file a new complaint limited to an equal protection theory the judge detected in the original. The court did not enter a judgment under Rule 58. Instead of waiting for a final judgment, Albiero filed a notice of appeal on the 15th day. Defendants recognized the potential jurisdictional problem and asked the…
2Cases cited17 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Emil J. Bartholet v. Reishauer A.G. (Zurich) and Reishauer Corporation (Elgin)Court of Appeals for the Seventh Circuit · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- C.A. Brokaw v. Mercer County, James Brokaw, Weir BrokawCourt of Appeals for the Seventh Circuit · 2000
- Smith v. DartCourt of Appeals for the Seventh Circuit · 2015
- Valerie Bennett v. Marie SchmidtCourt of Appeals for the Seventh Circuit · 1998
- William Payton v. Rush-Presbyterian-St. Luke's Medical Center, Rick Freeman, Anthony Murray and William BlairCourt of Appeals for the Seventh Circuit · 1999
- Fred Nance, Jr. v. J.D. ViereggeCourt of Appeals for the Seventh Circuit · 1998
142 more not listed; retrieve them via the Exa API.