GRACI v. UNITED STATES

No. 72-1286.

472 F.2d 124 (1973)

Benjamin T. GRACI, Jr., etc., et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Third-Party Plaintiff-Appellee, v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 9, 1973.


Attorney(s) appearing for the Case

Elmer R. Tapper, Chalmette, La., Evangeline M. Vavrick, New Orleans, La., for Galjour, Tapper and Appel.

Gibson Tucker, Jr., Charles A. O'Niell, Jr., Jerald N. Andry, G. Gilbert V. Andry, III, New Orleans, La., for Graci.

Charles G. Jacques, Jr., New Orleans, La., for Reid.

Benjamin J. Birdsall, Jr., James F. Mulla, Jr., Joseph J. Laura, Jr., Ignatz G. Kiefer, New Orleans, La., for Ciaccio.

Gerald J. Gallinghouse, U. S. Atty., Mary W. Cazales, James D. Carriere, Asst. U. S. Attys., New Orleans, La., for United States.

Charles M. Lanier, Sumter D. Marks, Jr., New Orleans, La., for Board of Commissioners of the Port of New Orleans.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.


THORNBERRY, Circuit Judge:

Plaintiff-appellant Graci appeals from the district court's denial of his motion that his suit under the Federal Tort Claims Act be declared a class action. We dismiss this appeal for want of jurisdiction because we find the order denying the class action is not a final order under 28 U.S.C.A. § 1291 and is not otherwise appealable.

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