BALSBAUGH v. CITY OF WESTLAND

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Docket Number

No. 71-1878.

Attorney(S)

Louisell Gills, Detroit,
, for plaintiffs-appellants on
Richard B. Kramer, Southfield,
, for defendant-appellee on

Judges

Anthony Joseph Celebrezze
Wade Hampton McCree
W. Wallace Kent

Acts

The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights
Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Final Decisions Of District Courts

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J. RICHARD BALSBAUGH ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF WESTLAND, A MICHIGAN MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.

PER CURIAM.

This is an appeal from a summary judgment entered in favor of the City of Westland only, in an action for damages under the Civil Rights Act, 42 U.S.C. § 1983. See Johnson v. City of Cincinnati, 450 F.2d 796, 798 (6th Cir. 1971).

It appears that the District Court did not make the determination and direction required for a final judgment under Rule 54(b), Fed.R.Civ.P. Without such a determination, the order dismissing as to one of the defendants was not a final order within the meaning of 28 U.S.C. § 1291, and an appeal may not be taken at this time. Accordingly, the appeal is dismissed. Partin v. Hassan Motors, Inc., 363 F.2d 104 (6th Cir. 1966). No costs are awarded.

Dismissed.

J. RICHARD BALSBAUGH ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF WESTLAND, A MICHIGAN MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.

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