HAYDEN v. McDONALD

No. 83-1041-MN.

719 F.2d 266 (1983)

Austin HAYDEN, et al., Plaintiffs-Appellees, v. Orison F. McDONALD, etc., et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1983.

Rehearing Denied November 16, 1983.


Attorney(s) appearing for the Case

Jay M. Vogelson, Moore & Peterson, Dallas, Tex., for appellants.

James M. Strother, Larkin, Hoffman, Daly & Lindgren, Ltd., Norman L. Newhall and Timothy H. Butler, Lindquist & Vennum, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, SWYGERT, Senior Circuit Judge, and ARNOLD, Circuit Judge.


PER CURIAM.

This is an appeal from an order of the district court granting partial summary judgment in favor of plaintiffs Austin Hayden, et al. We address sua sponte whether this judgment was improperly certified by the district court pursuant to Fed.R.Civ.P. 54(b). For the reasons that follow, we find that certification was an abuse of discretion and dismiss the appeal.

Although the rather tortuous procedural history of this case demands detailed explanation...

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