STEWART v. DONGES

Nos. 88-2454, 88-3020.

915 F.2d 572 (1990)

Robert STEWART, Plaintiff/Appellee, v. Donald DONGES, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

September 17, 1990.


Attorney(s) appearing for the Case

Stephen French, Walz & French, Albuquerque, N.M. (M. Karen Kilgore, White, Koch, Kelly & McCarthy, P.A., Sante Fe, N.M., and Jerry A. Walz, Walz & French, Albuquerque, N.M., with him on the brief), for defendant/appellant.

Philip B. Davis, Albuquerque, N.M. (Richard Rosenstock, Chama, N.M. and Macon McCrossen, Albuquerque, N.M., with him on the brief), for plaintiff/appellee.

Before ANDERSON and EBEL, Circuit Judges, BROWN, District Judge.


EBEL, Circuit Judge.

This case presents the question of whether the filing of an interlocutory appeal from the denial of defendant's motion for summary judgment based on qualified immunity divests the district court of jurisdiction in the absence of a determination by the district court that the appeal is either frivolous or dilatory. We hold that it does, and because there was no such determination by the district court, it lacked jurisdiction to proceed to trial...

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