Fugate v. Morton, 74--2128
Decision Date | 23 January 1975 |
Docket Number | No. 74--2128,74--2128 |
Citation | 510 F.2d 307 |
Parties | Paul B. FUGATE, Petitioner-Appellant, v. Rogers MORTON, Secretary of the Interior, Respondent-Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
W. Edward Morgan, Tucson, Ariz., for petitioner-appellant.
James D. Whitney, Asst. U.S. Atty., Tucson, Ariz., for respondent-appellee.
Before VAN OOSTERHOUT, * BARNES and HUFSTEDLER, Circuit Judges.
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.)
* Honorable Martin D. Van Oosterhout, Senior Circuit Judge, Eighth Circuit, sitting by designation.
To continue reading
Request your trial- Koyen v. Consolidated Edison Co. of New York, Inc.
-
U.S. v. General Dynamics Corp.
...stay of a case pending a hearing by an administrative agency does not meet the finality requirements of Sec. 1291. Fugate v. Morton, 510 F.2d 307 (9th Cir.1975) (per curiam). Subsequent Supreme Court authority requires a more extensive B. Effectively Out of Court A stay order is not ordinar......
- Rodriguez v. Taylor
- Hiatt v. Union Pacific R. Co.