OXFORD PRODUCTION CREDIT ASS'N v. DUCKWORTH

No. 81-4476.

689 F.2d 587 (1982)

OXFORD PRODUCTION CREDIT ASSOCIATION, Plaintiff-Appellee, v. Gordon L. DUCKWORTH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 1982.


Attorney(s) appearing for the Case

Thomas R. Trout, New Albany, Miss., for defendant-appellant.

Grady F. Tollison, Jr., Oxford, Miss., for plaintiff-appellee.

Before RUBIN, JOHNSON and GARWOOD, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Holding that an award of contractual attorneys' fees in an amount to be fixed at a later date is not a final judgment and that, therefore, an appeal on the other issues in the case would be premature until judgment is rendered for the amount fixed as fees, we deny a motion to dismiss this appeal, which was taken only after the later judgment fixing fees was issued.

Oxford sued on a promissory note that, by its terms, provided...

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