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Edward Wahl v. S. James Bellissimo, III

Wahl v. S. James Bellissimo, III, 831 F.2d 298 (6th Cir. 1987)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
October 5, 1987
Docket
No. 86-1475
Citations
831 F.2d 2981987 WL 449551987 U.S. App. LEXIS 13151
Status
Unpublished

Opinion

831 F.2d 298

Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. Edward WAHL, Plaintiff-Appellee, v. S. James BELLISSIMO, III, Defendant-Appellant.

No. 86-1475

United States Court of Appeals, Sixth Circuit.

October 5, 1987.

ORDER

Before KEITH, MILBURN and ALAN E. NORRIS, Circuit Judges.

1

The appeal of this action came on to be heard on October 2, 1987, at which time counsel for the defendant-appellant conceded during oral argument, as is shown by the record, that a final judgment has not been entered in the district court inasmuch as the district court bifurcated the issues of liability and damages, and only the issue of liability has been decided to date by the district court. As the issue of damages has not been determined by the district court, no appealable final judgment has been entered in the district court. See Rudd Constr. Equip Co., Inc. v. Home Ins. Co., 711 F.2d 54, 56 (6th Cir. 1983) ('A . . . judgment which resolves one aspect of the question of liability but leaves the issue of damages in dispute is neither 'final' within the meaning of 28 U.S.C. Sec. 1291 nor certifiable under Rule 54(b).'). See also Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737 (1976).

2

Accordingly, it is ORDERED that this appeal be and it hereby is dismissed, and this case is remanded to the district court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2000: 120002026peak 2000 · 1

Relies on it most ⓘ

  1. Hart Surgical, Inc. v. Ultracision, Inc.92 F. Supp. 2d 40 (D.R.I. 2000)

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  1. Hart Surgical, Inc. v. Ultracision, Inc.92 F. Supp. 2d 40 (D.R.I. 2000)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Liberty Mut. Ins. v. Wetzel, 424 U.S. 737 (1976) 861
Rudd Constr. Equip. Co. v. The Home Ins. Co., 711 F.2d 54 (6th Cir. 1983) 55

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