Legal Opinion
International Harvester Credit Corporation v. Edward R. Belding
Court of Appeals for the Fifth Circuit
Decided June 21, 1972No. 72-1021PublishedCited by 7 opinions
1Per curiam
The entry of judgment in the within matter adjudicated fewer than all of the claims, and the liabilities of fewer than all of the parties in and to the litigation. There has been no entry of final judgment by the district court upon an express determination that there is no just reason for delay as is required by Rule 54(b), F.R.Civ.Procedure. Hence, the judgment lacks the requisite finality to be appealable within the meaning of 28 U.S.C.A. § 1291. Bailey v. Rowan Drilling Company, 5 Cir., 1971, 441 F.2d 57; Cook v. Eizenman, 5 Cir., 1963, 312 F.2d 134.
Dismissed.
2Cases cited2 opinions
- Fred M. Cook v. Ray EizenmanCourt of Appeals for the Fifth Circuit · 1963
- Rowan R. Bailey v. Rowan Drilling Company, Inc., No. 31015, Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
3Cited by7 opinions
- Austracan, (U.S.A.) Inc. v. M/V LemoncoreCourt of Appeals for the Fifth Circuit · 1974
- Nicholas J. Capuano v. Marcella Gail Bridges, A/K/A Marcella Gail LeachCourt of Appeals for the Fifth Circuit · 1973
- Gerald Ray v. Texaco, Inc., Defendants-Third Party v. Noble Drilling Corporation, Third PartyCourt of Appeals for the Third Circuit · 1973
- Luckett v. SpivyCourt of Appeals for the Fifth Circuit · 1974
- Austracan, (u.s.a.) Inc. v. M/v Lemoncore, Etc., and Maritime Fruit Carriers, Refrigerated Express Line, (A/asia) Pty. Ltd., Etc., Defendants-Third-Party v. Central Cold Storage, Inc., and Harrington & Company, Inc., Third-Party (Two Cases). Bajalad & Company v. Maritime Fruit CarriersCourt of Appeals for the Third Circuit · 1974
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