Gabbard v. Rose, 15815.
| Decision Date | 07 April 1964 |
| Docket Number | No. 15815.,15815. |
| Parties | Julian R. GABBARD, Plaintiff-Appellant, v. Edgar ROSE et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
James L. Cobb, Jr., Covington, Ky., for appellant.
Boehl, Stopher, Graves & Deindoerfer, Julian W. Knippenberg, Lexington, Ky., J. Smith Hays, Jr., Winchester, Ky., for appellees.
Before O'SULLIVAN, EDWARDS and PHILLIPS, Circuit Judges.
A motion has been filed in this Court to dismiss the appeal in this case, which originated in the United States District Court for the Eastern District of Kentucky.
Plaintiff-appellant sought to recover damages from three defendants-appellees, Rose, Thompson, and Morgan, for alleged false arrest and imprisonment. Defendants moved for summary judgment and the District Court, on December 30, 1963, granted the motion as to Rose and Thompson, but overruled it as to Morgan. A motion by plaintiff to set aside this order was overruled on January 31, 1964. Plaintiff has appealed from this latter order, and defendants have filed the present motion to dismiss the appeal.
This is a suit involving multiple parties in which the District Court did not adjudicate the liability of all the defendants. Therefore we turn to Rule 54(b) of the Federal Rules of Civil Procedure which, as amended in 1961, reads as follows:
In the instant case the District Court did not make the express determination and direction required by Rule 54(b). In the absence of such a determination the order of the District Court granting the motion for summary judgment as to two of the defendants...
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