U.S. Court of Appeals for the Fifth Circuit, 1981

Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall

Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall
U.S. Court of Appeals for the Fifth Circuit · Decided October 7, 1981 · , Gee, Rubin, Spears
659 F.2d 487; 1981 U.S. App. LEXIS 17050 (Federal Reporter, Second Series)

Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall

Opinion

BY THE COURT:

The district court having declined to enter an amended Rule 54(b) certificate on the remand earlier ordered, and the present certificate being insufficient to confer jurisdiction upon us, 1 we DISMISS the appeal for want of jurisdiction.

DISMISSED.

1

. Although the certificate contains one of the determinations required by Rule 54(b), Fed.R. Civ.P., “an express direction for entry of judgment,” it does not contain the required “express determination that there is no just reason for delay.” See M.O.N.T. Boat Rental v. Union Oil Co., 613 F.2d 576, 581 n.12 (5th Cir. 1980).

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