U.S. Court of Appeals for the Ninth Circuit, 1975

Fugate v. Morton

U.S. Court of Appeals for the Ninth Circuit · Decided January 23, 1975 · Barnes, Hufstedler, Oosterhout

510 F.2d 307 (Federal Reporter, Second Series)

Counsel

W. Edward Morgan, Tucson, Ariz., for petitioner-appellant., James D. Whitney, Asst. U. S. Atty., Tucson, Ariz., for respondent-appellee.

Cases that cite this one

8 later published cases cite this decision. The 6 that cite it most often are listed here.

Beach TV Cable Co. v. Comcast of Florida/Georgia, LLC (11th Cir. 2015)
Ervin Charles St. Amand v. George Kaiser, Dr., Medical Director of Nevada D.O.P. Medical Division, in His Individual and Personal Capacity (9th Cir. 1993)
United States v. General Dynamics Corp. (9th Cir. 1987)
Kupau v. Yamamoto (9th Cir. 1980)
Giordano v. Roudebush (8th Cir. 1977)
Giordano v. Roudebush (8th Cir. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION

PER CURIAM:

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.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.