OPINION

I. Procedural Background.

Frank Briscoe Company, Inc. (Briscoe) was the general contractor on the construction of an Advanced Wastewater Treatment Plant in Clark County, Nevada. Briscoe filed this action in the United States District Court for the District of Nevada, for breach of contract and tort against the owner of the project, Clark County Sanitation District Number 1 (District), and against the engineer, URS Company, Inc. (URS), the construction manager, Morrison-Knudsen Co., Inc. (M-K), and the interim engineer, H.K. Ferguson Company (Ferguson).

On November 19, 1982, M-K and Ferguson moved to dismiss the negligence allegations in Briscoe’s complaint which applied to them. On August 5, 1983, appellee URS also moved to dismiss applicable negligence allegations. In a minute order entered March 20, 1984, the district court granted both motions to dismiss and granted Briscoe leave to file an amended complaint.

Briscoe filed an amended complaint on April 2, 1984. On April 12, 1984, M-K and Ferguson moved to dismiss the negligence allegations made against them in the amended complaint. On April 16, 1984, URS also moved to dismiss the amended complaint’s applicable negligence allegations.

On April 19, M-K and Ferguson filed a motion to certify, under Fed.R.Civ.P. 54(b), the March 20, 1984 order granting their November 19, 1982 motion to dismiss the negligence claims in Briscoe’s original complaint. On April 20, URS filed a motion for 54(b) certification of the March 20, 1984 order granting its August 5, 1983 motion to dismiss.

In a minute order entered August 16, 1984, the district court granted the April 12 and 16, 1984 motions to dismiss Briscoe’s amended complaint filed on behalf of M-K and Ferguson and on behalf of URS. The district court order also stated:

The district court made no other Rule 54(b) determination.

Briscoe appeals from the district court’s March 20, 1984 order granting M-K, Ferguson, and URS’s motions to dismiss the original complaint, and from the court’s August 17, 1984 order granting appellees’ motions to dismiss the amended complaint and granting appellees’ motions for 54(b) certification.

II. Jurisdiction.

Fed.R.Civ.P. 54(b) states:

The district court orders granting appellees’ motions to dismiss in this case did not dispose of Briscoe’s independent claims against the District (Amended Complaint Counts 1-8) nor did these orders dispose of Briscoe’s conspiracy claim against the District and appellees. (Amended Complaint Count 15) This court therefore cannot hear an appeal from these orders absent a proper 54(b) determination.

The district court never certified its August 16, 1984 orders granting appellees’ April 12 and April 16, 1984 motions to dismiss Briscoe’s amended complaint. This court has no jurisdiction to hear Briscoe’s appeal from these orders.

Nor do we have jurisdiction with respect to the district court’s March 20, 1984 orders granting appellees’ November 19, 1982 and August 5,1983 motions to dismiss Briscoe’s original complaint. The district court’s 54(b) certification was not valid. It never made a requisite “express determination that there is no just reason for delay.” Fed.R.Civ.P. 54(b).

If there should be any additional motions filed under Rule 54(b), the trial court should bear in mind what we said in Morrison-Knudsen Co., Inc. v. Archer, 9 Cir., 1981, 655 F.2d 962 at 965:

See also Curtiss-Wright Corp. v. General Electric Co., 1980, 446 U.S. 1, 5-6, 10 , 100 S.Ct. 1460, 1463-1464, 1466 , 64 L.Ed.2d 1 .

The appeal is dismissed.