Robert St. Helen, Movant v. Lt. Gen. W. C. Wyman, Maj. Gen. Edwin K. Wright, and Col. Jacob H. Bloss

St. Helen moves to dismiss respondents’ appeal from the district court’s order to cancel a certificate of undesirable discharge given him by the army.

On October 29, 1954, the district court issued an order restraining the discharge of St. Helen to preserve the status quo in order that the court might have a hearing to determine the merits of St. Helen's action for injunction and declaratory relief and application for preliminary injunction to prevent the giving of such a certificate. On October 29th the restraining order was violated when St. Helen was given the certificate. On December 15, 1954 the district court ordered respondents to cancel the certificate of : undesirable discharge within five days and ordered that if respondents failed so to act the certificate ,of discharge would be deemed null and void.

The issue is whether there is any .appealable order before us. We think not. Neither the restraining order nor the order cancelling the certificate is a final order within the meaning of 28 U.S.C. § 1291 . Each of the orders was a preliminary order to preserve the status quo prior to the issuance of the certificate of discharge until the district court could hold a…