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STEVE'S HOMEMADE ICE CREAM, INC. v. STEWART

No. 1438, Docket 90-7190.

907 F.2d 364 (1990)

STEVE'S HOMEMADE ICE CREAM, INC., Plaintiff-Appellee, v. Roger K. STEWART, Joyce C. Stewart, and Howard N. Stewart, Defendants-Appellants. Roger K. STEWART, Joyce C. Stewart, and Howard N. Stewart, Plaintiffs-Appellants, v. STEVE'S HOMEMADE ICE CREAM, INC., Defendant-Appellee, Integrated Resources, Inc., Integrated Food Systems, Inc., Steve's Ice Cream, Inc., Steve's Franchise Company, Inc., and Defendants.

United States Court of Appeals, Second Circuit.

Decided June 29, 1990.

Attorney(s) appearing for the Case

Alan S. Adolph, New York City (Cohen & Adolph, New York City, on the brief), for appellants.

Robert D. Fier, New York City (Kenyon & Kenyon, New York City, on the brief), for appellee Steve's Homemade Ice Cream, Inc.

Before FEINBERG, NEWMAN and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the narrow issue of whether a partial summary judgment ruling that dismisses a claim against one party is eligible for certification under Rule 54(b) of the Federal Rules of Civil Procedure where neither the claim nor the party is completely dismissed from the case. The issue arises on an appeal, by three individuals holding a franchise to operate ice cream stores, from the January 31, 1990, judgment of the District...

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