Fugate v. Morton
U.S. Court of Appeals for the Ninth Circuit
Fugate v. Morton, 510 F.2d 307 (9th Cir. 1975)
Barnes, Hufstedler, Oosterhout
Fugate v. Morton
Opinion of the Court
OPINION
Fugate has appealed the District Court’s stay of his case pending a hearing on his removal by the Civil Service Commission. The weight of authority holds such an order by the district court to be nonappealable since it does not meet the finality requirement of 28 U.S.C. § 1291 (1970). Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973); Pauls v. Secretary of Air Force, 457 F.2d 294 (1st Cir. 1972); United Transportation Union v. Illinois, 433 F.2d 566 (7th Cir. 1970); Transportation-Communication Div. v. St. Louis-San Francisco Ry., 419 F.2d 933 (8th Cir. 1969); Mayersky v. Celebrezze, 353 F.2d 89 (3rd Cir. 1965). This appeal is therefore dismissed.
(See this Court’s Order of May 23, 1974.)
Reference
- Full Case Name
- Paul B. FUGATE v. Rogers MORTON, Secretary of the Interior
- Cited By
- 8 cases
- Status
- Published