Morrison-Knudsen Company, Inc. v. J. D. Archer

655 F.2d 962 MORRISON-KNUDSEN COMPANY, INC., a Delaware Corporation, Plaintiff- Counterdefendant-Appellee, v. J. D. ARCHER and Elizabeth B. Archer, as individuals and as trustees of the Elizabeth Daly Archer Trust, Defendants-Counterclaimants-Appellants. No. 79-4231. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1981. Decided Aug. 19, 1981. As Amended on Denial of Rehearing Dec. 2, 1981. Ryan P. Ambruster, Boise, Idaho, argued, for defendants-counterclaimants-appellants; Carl P. Burke & Phillip M. Barber, Elam, Burke, Jeppesen, Evans & Boyd, Boise, Idaho, on brief. John T. Hawley, Boise, Idaho, for plaintiff-counterdefendant-appellee. Appeal from the United States District Court for the District of Idaho. Before KENNEDY and BOOCHEVER, Circuit Judges, and GRAY, * District Judge. KENNEDY, Circuit Judge: 1 This case involves a routine dispute over whether a summary judgment was correct, but it also requires us to discuss the requirements that must be observed by a district court before it orders the entry of a separate judgment under Rule 54(b) of the Federal Rules of Civil Procedure. We recite only the bare outline of a controversy which…