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MORRISON-KNUDSEN CO., INC. v. ARCHER

No. 79-4231.

655 F.2d 962 (1981)

MORRISON-KNUDSEN COMPANY, INC., a Delaware Corporation, Plaintiff-Counterdefendant-Appellee, v. J. D. ARCHER and Elizabeth B. Archer, as individuals and as trustees of the Elizabeth Daly Archer Trust, Defendants-Counterclaimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 19, 1981.

As Amended on Denial of Rehearing December 2, 1981.

Attorney(s) appearing for the Case

Ryan P. Ambruster, Boise, Idaho, argued, for defendants-counterclaimants-appellants; Carl P. Burke & Phillip M. Barber, Elam, Burke, Jeppesen, Evans & Boyd, Boise, Idaho, on brief.

John T. Hawley, Boise, Idaho, for plaintiff-counterdefendant-appellee.

Before KENNEDY and BOOCHEVER, Circuit Judges, and GRAY, District Judge.

KENNEDY, Circuit Judge:

This case involves a routine dispute over whether a summary judgment was correct, but it also requires us to discuss the requirements that must be observed by a district court before it orders the entry of a separate judgment under Rule 54(b) of the Federal Rules of Civil Procedure. We recite only the bare outline of a controversy which involves other events and technical details that are unnecessary for the purposes of this opinion. Morrison...

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