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Boudeloche v. Tnemec Company, Inc.

United States Court of Appeals, Fifth Circuit
Dec 14, 1982
693 F.2d 546 (5th Cir. 1982)

Opinion

No. 81-3563.

December 14, 1982.

Cave McKay, John F. McKay, Baton Rouge, La., for plaintiff-appellant.

Camp, Carmouche, Palmer, Barsh Hunter, Brian G. Meissner, New Orleans, La., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before GOLDBERG, GEE and HIGGINBOTHAM, Circuit Judges.


Appellant Julius John Boudeloche was injured on March 3, 1978, when he inhaled the fumes released by a mixture of paint primer and thinner being used at a Brown Root, Inc. ("Brown Root") construction site. On February 23, 1979, Boudeloche initiated a products liability action against the manufacturer of the primer, the manufacturer's representative, and the local distributor and supplier of the paint thinner. Boudeloche amended his complaint on February 2, 1980, to add his employer, Brown Root, as a defendant. Brown Root then moved to dismiss Boudeloche's claim against it under Fed.R.Civ.P. 12(b)(6); the motion was heard in the United States District Court for the Eastern District of Louisiana on September 16, 1981. The district court granted the motion and dismissed the cause of action as to Brown Root. Boudeloche now seeks to appeal.

This court has authority to entertain "appeals from all final decisions of the district courts of the United States." 28 U.S.C. § 1291. Fed.R.Civ.P. 54(b) provides that, in cases involving multiple claims or multiple parties, an order disposing of one or more, but fewer all, the claims or parties terminates the action in the district court only if the court (1) expressly determines that there is no just reason for delay, and (2) expressly directs an entry of judgment. A certification by the district court that meets these two requirements is "an essential prerequisite to an appeal." 10 C. Wright A. Miller, Federal Practice and Procedure § 2660, at 82 (1973). Any appeal from a decision adjudicating a portion of a case that is not accompanied by a Rule 54(b) certificate must be dismissed for want of jurisdiction. See, e.g., United States v. Taylor, 632 F.2d 530 (5th Cir. 1980); Seahorse Boat Barge Corp. v. Jacksonville Shipyards, Inc., 617 F.2d 396 (5th Cir. 1980); Morrison v. City of Baton Rouge, 614 F.2d 77 (5th Cir. 1980).

Although the district court in this case granted Brown Root's motion to dismiss for failure to state a claim, the court did not accompany that dismissal with a Rule 54(b) certificate. Thus this court lacks jurisdiction to hear this appeal, and it is hereby

DISMISSED.


Summaries of

Boudeloche v. Tnemec Company, Inc.

United States Court of Appeals, Fifth Circuit
Dec 14, 1982
693 F.2d 546 (5th Cir. 1982)
Case details for

Boudeloche v. Tnemec Company, Inc.

Case Details

Full title:JULIUS JOHN BOUDELOCHE, PLAINTIFF-APPELLANT, HIGHLANDS INSURANCE COMPANY…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 14, 1982

Citations

693 F.2d 546 (5th Cir. 1982)

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