Shernoff v. F.D.I.C.

Good Law
42 F.3d 1402·1994 WL 681085·1994 U.S. App. LEXIS 39530
United States Court of Appeals for the Ninth CircuitDecember 5, 199493-55652California272 words

Opinion

Opinion

42 F.3d 1402 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William M. SHERNOFF, Plaintiff-Appellant, v. FDIC, as Receiver for Metro North State Bank; Pacific-Midwest Brokerage; Harry Piazza; Mission Bank; Industrial State Bank; Target Escrow Services, Inc., et al., Defendants-Appellees. No. 93-55652. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1994. * Decided Dec. 5, 1994. Before: GIBSON, ** HUG, and POOLE, Circuit Judges. ORDER 1 This appeal is dismissed for lack of jurisdiction because the district court's order was not a final, appealable judgment. See 28 U.S.C. Sec. 1291 . Absent certification under Fed.R.Civ.P. 54(b), the disposition of the claims against some of the parties where the action has not ended as to other parties does not constitute a final, appealable judgment. Rule 54(b) requires "an express determination that there is no just reason for delay and ... an express direction for the entry of judgment." Here, appellant did not seek,…

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