James L. Cobb v. Chevron U. S. A., Inc.

U.S. Court of Appeals for the Fifth Circuit August 24, 1977

James L. Cobb v. Chevron U. S. A., Inc., 558 F.2d 236 (5th Cir. 1977)

15 Fair Empl. Prac. Cas. (BNA) 604

Opinion

BY THE COURT:

Plaintiff appeals the denial by the district court of a jury trial on his Age Discrimination Employment Act, 29 U.S.C. §§ 621 et seq., claim against Chevron. Chevron has moved to dismiss the appeal.

Because the requirements of 28 U.S.C. § 1292(a) and (b) have not been met, this issue is not cognizable on appeal. 1

The appeal is DISMISSED.

. For treatment of this issue when presented as a writ of mandamus see Dairy Queen, Inc. v. Wood, 369 U.S. 469, 82 S.Ct. 894, 8 L.Ed.2d 44 (1962); Moore’s Fed.Prac. Vol. 9, ¶ 110.20[4].

It appears that the issue raised by this appeal was submitted for decision to a panel of this court on April 20, 1977, in Murphy v. American Motors Sales Corp. (No. 76-2718).

Reference

Full Case Name: James L. COBB, Plaintiff-Appellant, v. CHEVRON U. S. A., INC., Defendant-Appellee
Cited By: 1 case
Status: Published