FUGATE v. MORTON

No. 74-2128.

510 F.2d 307 (1975)

Paul B. FUGATE, Petitioner-Appellant, v. Rogers MORTON, Secretary of the Interior, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied June 23, 1975.


Attorney(s) appearing for the Case

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.


Certiorari Denied June 23, 1975. See 95 S.Ct. 2665.

OPINION

PER CURIAM:

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)...

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