William R. Russell and Mrs. Anna L. Russell, His Wife v. George W. Hackworth, Frank R. Braley

This case is an excellent example of the wisdom of the rule forbidding a final judgment “upon one or more but less than all of the claims” except upon “an express determination that there is no just reason for delay and upon an express direction for the entry of judgment”. Rule 54(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

In the instant suit, the complaint consists of eighteen “causes of action” arising out of an assault and battery alleged to have been committed upon the appellant William Russell at the Cliff House, a restaurant and bar in the Territory of Guam, Marianas Islands. In only three of these causes of action is the appellee United States mentioned—twice jointly with all the other defendants, and only once singly and by special designation.

The Court below entered a judgment dismissing the case with respect to the appellee United States, on the authority of Moos v. United States, D.C.Minn.1954, 118 F.Supp. 275 , and Panella v. United States, D.C.N.Y.1953, 117 F.Supp. 119, 123 . Like the one at bar, both of those cases were brought under the Federal Tort Claims Act, 28 U.S.C.A. §§ 1346 , 2671 et seq.

The appellee United States has filed a motion to…