ROCKEFELLER, GOVERNOR OF WEST VIRGINIA

v.

BEVER ET AL.; AND GILBERTSON ET AL. V. BEVER ET AL.

Citator

Cited By (19 total)

• Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985)
  …e when the plaintiff’s action involves claims for injunctive relief that will have to be adjudicated regardless of the resolution of any damages claims. England v. Rockefeller, 739 F. 2d 140 (1984); Bever v. Gilbertson, 724 F. 2d 1083, cert. denied, 469 U. S. 948 (1984). Because this case does not involve a claim for injunctive relief, the propriety of the Fourth Circuit’s approach is not before us, and we express no opinion on the question. We recognize that Mitchell himself has faced a significant number…
• Kennedy v. City OF Cleveland, 797 F.2d 297 (6th Cir. 1986)
  …ances the denial of a claim of immunity is not immediately appealable when it appears [*306] that the defendant in question will remain a party of the suit for injunctive relief purposes. Bever v. Gilbertson, 724 F. 2d 1083 (4th Cir.), cert. denied, 469 U.S. 948, 105 S.Ct. 349, 83 L.Ed.2d 285 (1984). The Fourth Circuit reasoned that since the purpose of the interlocutory appeal was to permit a party to obtain an early termination of the litigation as to him so that the party in question could continue on in…
• DeVARGAS v. Mason & Hanger-Silas Mason Co., Inc., 844 F.2d 714 (10th Cir. 1988)
  …ns pending in the trial court and will be tried regardless of the appeal’s outcome. 472 U.S. at 519 n. 5. . This question has split the courts of appeal. Compare Bever v. Gilbertson, 724 F. 2d 1083, 1086-87 (4th Cir.) (not appealable), cert. denied, 469 U.S. 948, 105 S.Ct. 349, 83 L.Ed.2d 285 (1984); Riley v. Wainwright, 810 F. 2d 1006, 1007 (11th Cir.1987) (per curiam) (presence of claim for injunctive relief alternative ground for denying appeal) with Scott v. Lacy, 811 F. 2d 1153 (7th Cir.1987) (per curi…