Burton E. Carr and Marie A. Carr, Husband and Wife v. City of Anchorage, a Municipal Corporation, and Merrill Chitty

In this action appellants claimed damages from the City of Anchorage and its Engineer and Building Inspector, the appellee Chitty, on the ground that the City, acting by and through Chitty, 'oppressively and fraudulently delayed' the issuance of a building permit to appellants, and in the process lost a valuable set of appellants’ plans. They prayed judgment, against the defendants and each of them in the amount of $18,731.36. The complaint alleged joint and several liability on the part of both defendants on account of the tortious acts described: Both defendants moved to dismiss. The City’s motion was granted; - that of Chitty denied, D.C., 114 F.Supp. 439 , and judgment entered dismissing the action against the City. The Carrs appeal from that judgment. . ,, •

The record shows no attempt to' make an express determination' that “There is no just reason'for deláy” in the language of Rule 54(b), Fed.Rules Civ.Proc. 28 U.S.C.A. Indeed, according - to our'de^ cisión in Steiner v. 20th Century-Fox Film Corporation, 9 Cir.; 220 F.2d 105 , the1 making of such a determination would not have- sufficed to make' the trial court’s decision -appealable, since there is here a single claim…