Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fabrizius v. United States

filed*fn*: February 24, 1994.

JASON M. FABRIZIUS, PLAINTIFF/CROSS-DEFENDANT/DEFENDANT IN INTERVENTION/APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT/CROSS-CLAIMANT/APPELLEE, AND MARY HELEN PINE, ET AL., PLAINTIFFS IN INTERVENTION/APPELLEES.



Appeal from the United States District Court for the District of Montana. DC No. CV-90-169-JDS. Jack D. Shanstrom, District Judge, Presiding

Before: Goodwin, Schroeder, and Norris, Circuit Judges.

Order

Pursuant to Federal Rule of Appellate Procedure 34(a) and Ninth Circuit Rule 34-4, the panel has concluded that this case may be considered on the briefs without oral argument. Upon due consideration of the briefs and supplemental filings of the parties, it is apparent that hte the case must be dismissed for lack of jurisdiction because the district neither entered final judgment as to all the claims before it nor entered a Rule 54 certification for the claim it had completely resolved. The judgment will not be final until the district court determines the damages that each party owes and enters a final judgment accordingly. This dismissal is, of course, without prejudice to any timely appeal that may be filed after the entry of an appealable judgment.

The appeal is DISMISSED.

Disposition

DISMISSE ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.