Leslie E. Williams v. The Boeing Company International Association of MacHinists and Aerospace Workers, District Lodge No. 751

On May 17, 1982, we granted appellant’s motion for voluntary dismissal of this appeal. We now grant appellant’s motion for reinstatement of the appeal and take this opportunity to address a question of appellate jurisdiction that the court has not previously had occasion to' decide.

Appellant’s motion for voluntary dismissal was premised on the belief that the district court’s grant of summary judgment in favor of one defendant entirely and in favor of all defendants on certain claims, entered by a magistrate pursuant to 28 U.S.C. § 636 (c), was not appealable because it did not finally resolve all claims against all parties in the action. Through apparent lack of attention to the specific language of the order, appellant did not realize, until after the appeal had been dismissed, that the order directed the entry of judgment in accordance with the provisions of Fed.R.Civ.P. 54(b).

In light of the explicit determination that there was no just reason to delay the entry of judgment and the express direction that judgment be entered, the judgment entered by the district court clerk on March 19, 1982, was appealable under 28 U.S.C. § 1291 , and the time for appeal began to run on…