Leopold v. Fitzgerald
Leopold v. Fitzgerald
Opinion of the Court
Leopold appeals from an order granting summary judgment on Item 1 of his
A close reading of the complaint reveals that the only claim alleged is that Leopold was improperly discharged from his position. Item 1, on which Judge Ryan granted summary judgment in favor of the appellees, merely set forth one of eleven specific theories on which the dismissal is attacked. We have recognized that separable decisions with important collateral consequences may under certain circumstances be final in every practical sense while other issues remain yet to be tried, see Eisen v. Carlisle & Jacquelin, et al., 370 F.2d 119 (2d Cir. 1966), cert. denied, 386 U.S. 1035, 87 S.Ct. 1487, 18 L.Ed.2d 598 (1967); MacAlister v. Guterma, 263 F.2d 65 (2d Cir. 1958); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949); but we have never condoned piecemeal appeals to review “a part of a single claim or, as here, to test a single legal theory of recovery.” Schwartz v. Eaton, 264 F.2d 195, 196 (2d Cir. 1959); Backus Plywood Corp. v. Commercial Decal, Inc., 317 F.2d 339, 341 (2d Cir. 1963). See also Original Ballet Russe v. Ballet Theatre, Inc., 133 F.2d 187, 189 (2d Cir. 1943).
The appeal is dismissed.
Reference
- Full Case Name
- Bertrand LEOPOLD v. Edward J. FITZGERALD, Jr., as District Director of the Internal Revenue Service (Manhattan District), Harold R. All, as Regional Commissioner of the Internal Revenue Service (North Atlantic Region), John W. Macy, Jr., L. J. Andolsek and Robert E. Hampton, as Chairman, Vice-Chairman and Member, respectively of the United States Civil Service Commission, and Sheldon S. Cohen, as Commissioner of Internal Revenue Service
- Cited By
- 3 cases
- Status
- Published