Opinion · Court of Appeals for the Sixth Circuit

J. Richard Balsbaugh v. City of Westland, a Michigan Municipal Corporation

J. Richard Balsbaugh v. City of Westland, a Mich. Mun. Corp., 458 F.2d 1358 (6th Cir. 1972)

Type: Opinion
Court: Court of Appeals for the Sixth Circuit
Jurisdiction: Federal
Date: 1972-05-10
Topic: general

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.

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Cited by: 7 opinions

BALSBAUGH v. CITY OF WESTLAND,458 F.2d 1358(6th Cir. 1972)

J. RICHARD BALSBAUGH ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF WESTLAND, A

MICHIGAN MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.

No. 71-1878.

United States Court of Appeals, Sixth Circuit.

May 10, 1972.

Louisell Gills, Detroit, Mich., for plaintiffs-appellants on brief.

Richard B. Kramer, Southfield, Mich., for defendant-appellee on brief.

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

Before CELEBREZZE, McCREE, and KENT, Circuit Judges.

PER CURIAM.

[1] 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.SeeJohnson v. City of Cincinnati,450 F.2d 796,798(6th Cir. 1971).

[2] It appears that the District Court did not make the determination and direction required for a final judgment under Rule54(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 of28 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.

[3] Dismissed.Page 1359