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CLARK-DIETZ & ASSOCIATES-ENGINEERS v. BASIC CONST.

No. 82-9312.

702 F.2d 67 (1983)

CLARK-DIETZ AND ASSOCIATES-ENGINEERS, INC., Petitioner, v. BASIC CONSTRUCTION COMPANY, the Mayor and City Council of the City of Columbus, Mississippi and Columbus Utility Commission, Respondents.

United States Court of Appeals, Fifth Circuit.

March 21, 1983.

Attorney(s) appearing for the Case

Threadgill, Smith, Sanders & Jolly, Columbus, Miss., for petitioner.

Robins, Zelle, Larson & Kaplan, Atlanta, Ga., Gholson, Hicks & Nichols, Columbus, Miss., Mitchell, McNutt, Bush, Lagrone & Sams, Tupelo, Miss., Buckley, Treacy, Schaffel, Mackey & Abbate, New York City, for respondents.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge.

Finding the defendant in a diversity tort case liable, the district court certified an interlocutory appeal under 28 U.S.C. § 1292(b) (1976) before determining damages. We deny leave to appeal because the district court did not specify the controlling issue of law to be considered and the appellants have not pointed out any issue or issues appropriate for interlocutory consideration.

The Mayor and City Council of Columbus...

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