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BAILEY v. McCANN

No. 76-1747. Summary Calendar.

539 F.2d 501 (1976)

Ike BAILEY, Plaintiff-Appellant, v. J. Patrick McCANN, Director of the Pari-Mutuel Wagering Division of the Department of Business Regulation of the State of Florida, Defendant, Theodore J. Zornow, President of the United States Trotting Association, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

W. Paul Thompson, Clayton J.M. Adkinson, DeFuniak Springs, Fla., for plaintiff-appellant.

Harry Lewis Michaels, Tallahassee, Fla., for defendant-appellee.

Charles F. Tunnicliff, Tallahassee, Fla., for J. Patrick McCann.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

ORDER:

The appeal is dismissed for lack of the requisite certification required under Rule 54(b), Fed.R.Civ.P.

The entry of the summary judgment in favor of one of the defendants, but not both, is a judgment which requires a certification under Rule 54(b), Fed.R.Civ.P. Without such a certification, this Court does not have jurisdiction of this appeal. B. B. Adams General Contractors, Inc. v. Department of Housing and Urban Development,

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