Atterbury v. Carpenter
Decision Date | 16 November 1962 |
Docket Number | No. 17753.,17753. |
Citation | 310 F.2d 126 |
Parties | H. E. ATTERBURY, Appellant, v. A. S. V. CARPENTER, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
Duncan, Brophy, Wilson & Duhaime, and Robert B. Duncan, Medford, Or., for appellant.
Roberts, Kellington, Branchfield & Heffernan, G. W. Kellington and George M. Roberts, Medford, Or., for appellee.
Before ORR, JERTBERG and MERRILL, Circuit Judges.
In this action involving multiple parties certain issues were segregated and separately tried resulting in judgment in favor of Appellee Carpenter. This appeal was taken from such judgment.
It does not appear, however, that there has been compliance with Rule 54(b), F.R.Civ.P., and for that reason this appeal must be dismissed.
We repeat what we said in Miles v. City of Chandler, 9 Cir., 1961, 297 F.2d 690, 691:
Appeal dismissed.
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...judgment is a matter left to the discretion of the district court. Sears, Roebuck & Co.,351 U.S. at 437, 76 S.Ct. 895; Atterbury v. Carpenter, 310 F.2d 126 (9th Cir. 1962). Purdy complains that the entry of final judgment on the federal claims necessitates an immediate appeal from that judg......
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...order which is generally not reviewable unless the trial court certifies it as final under Fed.R.Civ.P. 54(b). Atterbury v. Carpenter, 310 F.2d 126 (9th Cir.1962). The district court specifically refused to certify its dismissal of the right-to-work claims as a final order. Plaintiffs argue......
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...Union No. 24 of Amalgamated Lithographers, 313 F.2d 956 (3d Cir. 1963); Cook v Eizenman, 312 F.2d 134 (5th Cir. 1963); Atterbury v. Carpenter, 310 F.2d 126 (9th Cir. 1962); Miles v. City of Chandler, 297 F.2d 690 (9th Cir. ...
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...the parties." It is not appealable. See Metal Coating Corp. v. National Steel Const. Co., 9 Cir., 1965, 350 F.2d 521; Atterbury v. Carpenter, 9 Cir., 1962, 310 F.2d 126; Miles v. City of Chandler, 9 Cir., 1961, 297 F.2d 690; Matanuska Valley Lines, Inc. v. Neal, 9 Cir., 1955, 229 F.2d 136, ......