R. L. LUCKETT, PLAINTIFF-APPELLANT,
v.
JOE SPIVY, ETC., ET AL., DEFENDANTS, MARCUS GORDON, ETC., AND THOMAS D. LEE, ETC., DEFENDANTS-APPELLEES

5th Cir. | 1974-02-28
No. 73-3147
490 F.2d 87 Court of Appeals for the Fifth Circuit (1974)
Cited by 4 cases

Opinion of the Court
PER CURIAM;

PER CURIAM;

The entry of judgment in the within matter adjudicated 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.Proce-dure. Hence, the judgment lacks the requisite finality to be appealable within the meaning of 28 U.S.C.A. § 1291. International Harvester Credit Corporation v. Belding, 5 Cir., 1972, 462 F. 2d 624; Bailey v. Rowan Drilling Company, 5 Cir., 1971, 441 F. 2d 57; Cook v. Ei-zenman, 5 Cir., 1963, 312 F. 2d 134.

Dismissed.


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