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JASMIN v. DUMAS

No. 83-3446.

726 F.2d 242 (1984)

Godfrey JASMIN, Plaintiff-Appellee, v. Walton J. DUMAS, et al., Defendants-Appellees, Continental Casualty Company, Defendant-Appellant. CONTINENTAL CASUALTY COMPANY, Plaintiff-Appellant, v. Godfrey JASMIN and Henry M. Jasmin, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 1984.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Raymon G. Jones, Nancy J. Marshall, New Orleans, La., for Continental Cas. Co.

Porteous, Toledano, Hainkel & Johnson, C. Gordon Johnson, Jr., New Orleans, La., for Dumas.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, Robert E. Winn, Shirley A. Nassif, New Orleans, La., for Godfrey Jasmin.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John C. Combe, Jr., New Orleans, La., for Henry Jasmin, Stanley Pulitzer, Inc. & Lumbermens.

Before RUBIN, GARWOOD and JOLLY, Circuit Judges.

BY THE COURT:

The issue is whether we should entertain an appeal from a judgment dismissing some of the parties to a multi-defendant suit, certified under Fed.R.Civ.P. 54(b) by the district court, when the district court subsequent to the filing of the notice of appeal, seeks to set the judgment aside. Finding no reason to insist upon appellate review of a judgment that would have been interlocutory and non-appealable save for the district court's certificate, we...

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