PAUL B. FUGATE, PETITIONER-APPELLANT,
v.
ROGERS MORTON, SECRETARY OF THE INTERIOR, RESPONDENT-APPELLEE

9th Cir. | 1975-01-23
No. 74-2128
Before VAN OOSTERHOUT, BARNES and HUFSTEDLER, Circuit Judges.
510 F.2d 307 United States Court of Appeals for the Ninth Circuit (1975) Positive Treatment
Cited by 86 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Fugate has appealed the District Court’s stay of his case pending a hearing on his removal by the Civil Service Commission. The weight of authority holds such an order by the district court to be nonappealable since it does not meet the finality requirement of 28 U.S.C. § 1291 (1970). Barfield v. Weinberger, 485 F. 2d 696 (5th Cir. 1973); Pauls v. Secretary of Air Force, 457 F. 2d 294 (1st Cir. 1972); United Transportation Union v. Illinois, 433 F. 2d 566 (7th Cir. 1970); Transportation-Communication Div. v. St. Louis-San Francisco Ry., 419 F. 2d 933 (8th Cir. 1969); Mayersky v. Celebrezze, 353 F. 2d 89 (3rd Cir. 1965). This appeal is therefore dismissed.

(See this Court’s Order of May 23, 1974.)


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