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CULLEN v. MARGIOTTA

No. 377, Docket 79-7362.

618 F.2d 226 (1980)

Lorraine C. CULLEN et al., Plaintiffs-Appellants, v. Joseph P. MARGIOTTA, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Burt Neuborne and James H. Stark, New York City, for plaintiffs-appellants.

William S. Norden, Bureau Chief, Bureau of Law & Appeals, Mineola, N. Y. (Edward G. McCabe, County Atty., of Nassau County, Mineola, N. Y., of counsel), for Nassau County, defendants-appellees.

Ruth C. Balkin, Mineola, N. Y. (John Joseph Sutter, Mineola, N. Y., of counsel), for Krause, Woolnough, Livingston, Landman, Haff, Udell, McMullen, Hansen, Cosenza and Phears, defendants-appellees.

Daniel R. McCarthy, Deputy Town Atty., Hempstead, N. Y. (W. Kenneth Chave, Jr., Town Atty., Town of Hempstead, Hempstead, N. Y., of counsel), for Town of Hempstead, appellees.

Before KAUFMAN, Chief Judge, SMITH and TIMBERS, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the United States District Court for the Eastern District of New York, Jacob Mishler, Chief Judge, dismissing four of plaintiffs' six causes of action. We hold that certification of the order as a final judgment under Fed.R.Civ.P. 54(b) was improper and dismiss the appeal for lack of jurisdiction.

This appeal arises from a class action brought by employees of Nassau County and its municipalities against the county...

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