JERRY E. HARDIN, PLAINTIFF-APPELLANT,
v.
M/V BEN CANDIES, DEFENDANT, OTTO CANDIES, INC. AND/OR HUMBLE OIL & REFINING COMPANY, DEFENDANTS-APPELLEES
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The court held that an order resolving only one of multiple claims is not appealable without express certification from the district court.
Plaintiff sued for damages from a maritime accident, asserting three causes of action. The district court granted summary judgment on one claim.…
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PER CURIAM:
In this action Jerry E. Hardin seeks damages from Otto Candies, Inc. and Exxon Corporation for damages allegedly resulting from a March 20,1971 accident on the high seas. Hardin asserts three causes of action, based on the Jones Act, general maritime law, and maintenance and cure.
The district court granted summary judgment against Hardin on the Jones Act claim, relying upon the statute of limitations. Hardin attempts to appeal that decision.
When more than one claim for relief is involved in an action, the resolution of a single claim is not appealable unless the district court expressly determines that there is no just reason for delay and expressly directs.the entry of judgment. See Fed.R.Civ.P. 54(b). The district court made no such determination or direction here, and the order disposing of one of the three claims at issue is therefore not appealable. Although the parties have not raised the issue, we must dismiss the appeal for lack of jurisdiction.
Appeal DISMISSED.
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Huckeby v. Frozen Food Express, 555 F.2d 542 (5th Cir. 1977)
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In re Riddervold v. The Saratoga Hosp., 647 F.2d 342 (2d Cir. 1981)
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Cason v. Owen, 578 F.2d 572 (5th Cir. 1978)
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- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)