Richardson v. Communications Workers of America, 72-1207
| Decision Date | 16 November 1972 |
| Docket Number | 72-1220.,No. 72-1207,72-1207 |
| Citation | 469 F.2d 333 |
| Parties | Dale C. RICHARDSON, Appellant, v. COMMUNICATIONS WORKERS OF AMERICA et al., Appellees. Dale C. RICHARDSON, Appellee, v. COMMUNICATIONS WORKERS OF AMERICA et al., Appellants. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert E. O'Connor and J. Patrick Green, Omaha, Neb., for Communications Workers of America and others.
Dan J. Whiteside, Huntington Beach, Cal., Edward F. Fogarty, Omaha, Neb., and Rex H. Reed, Washington, D. C., for Dale C. Richardson.
Before GIBSON and LAY, Circuit Judges, and DURFEE,* United States Court of Claims Judge.
Rehearing and Rehearing En Banc Denied December 8, 1972.
Plaintiff Dale C. Richardson filed an action for multiple claims against the Communications Workers of America, AFL-CIO, arising from his alleged wrongful discharge from employment with the Western Electric Company, Inc. In his first claim he sought damages against both the Union and his employer under § 301(a) of the Labor Management Relations Act, 1947. 29 U.S.C.A. § 185(a). In his second claim he sought damages for mental anguish arising from alleged invidious discrimination directed against him for failing to join the Union. These claims were tried together, and on remand from this court1 plaintiff recovered substantial damages on both claims. The trial court entered judgment on the verdict on the first claim but granted a new trial as to the award of damages on the claim arising out of the alleged invidious discrimination by the Union. The Union alone appealed the damages for wrongful discharge whereas the plaintiff has attempted to appeal the awarding of the new trial on the second claim.
After full consideration the court finds that it lacks jurisdiction to review the matters before it. It has long been settled that the granting of a new trial is not an appealable order. 6A Moore, Federal Practice & Procedure § 59.9 4, at 3853-3854 (1971). The granting of the new trial may be challenged on the abuse of discretion in an appeal only from the final judgment. See Gallon v. Lloyd-Thomas Co., 261 F.2d 26, 27-28 (8 Cir. 1958).
Upon entry of judgment in the first claim the trial court did not certify the order as appealable under Rule 54(b) of the Federal Rules of Civil Procedure. This rule reads as follows:
...
To continue reading
Request your trial
- State v. Romano
-
Central Microfilm Service Corp. v. Basic/Four Corp.
...Chemical Corporation v. Daiflon, Inc., 449 U.S. 33, 34, 101 S.Ct. 188, 189, 66 L.Ed.2d 193 (1980); Richardson v. Communication Workers of America, 469 F.2d 333, 334 (8th Cir. 1972). They are immediately appealable, however, in the narrow circumstances in which such orders are entered withou......
-
Peterman v. Chicago, Rock Island & Pacific Railroad Co.
...order issued within the jurisdiction of the trial court is neither reviewable by appeal, see generally Richardson v. Communications Workers of America, 469 F.2d 333 (8th Cir. 1972), cert. denied, 414 U.S. 818, 94 S.Ct. 38, 38 L.Ed.2d 50 (1973), nor ordinarily by a mandamus proceeding, see G......
-
General Motors Corporation v. Lord
...generally,1 an order granting a new trial is not final and, therefore, the order is not appealable. Richardson v. Communications Workers of America, 469 F.2d 333, 334 (8th Cir.1972), cert. denied, 414 U.S. 818, 94 S.Ct. 38, 38 L. Ed.2d 50 (1973); Gallon v. Lloyd-Thomas Co., 261 F.2d 26, 27-......