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    Walton v. Tidewater VA Federal, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The district court had dismissed one defendant, the Tidewater Virginia Federal Employees Metal Trades Council, from the proceeding, but the case continued against the other defendant, the Secretary of the Navy. The appeals court granted the Union's motion to dismiss the appeal as interlocutory because the district court's order dismissing one party was not a final order and did not fall under the categories of appealable interlocutory or collateral orders. The appeals court therefore lacked jurisdiction to hear the appeal.

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    Walton v. Tidewater VA Federal, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The district court had dismissed one defendant, the Tidewater Virginia Federal Employees Metal Trades Council, from the proceeding, but the case continued against the other defendant, the Secretary of the Navy. The appeals court granted the Union's motion to dismiss the appeal as interlocutory because the district court's order dismissing one party was not a final order and did not fall under the categories of appealable interlocutory or collateral orders. The appeals court therefore lacked jurisdiction to hear the appeal.

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    Filed: 1996-02-13 Precedential Status: Non-Precedential Docket: 95-2562

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The district court had dismissed one defendant, the Tidewater Virginia Federal Employees Metal Trades Council, from the proceeding, but the case continued against the other defendant, the Secretary of the Navy. The appeals court granted the Union's motion to dismiss the appeal as interlocutory because the district court's order dismissing one party was not a final order and did not fall under the categories of appealable interlocutory or collateral orders. The appeals court therefore lacked jurisdiction to hear the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    18 views3 pages

    Walton v. Tidewater VA Federal, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The district court had dismissed one defendant, the Tidewater Virginia Federal Employees Metal Trades Council, from the proceeding, but the case continued against the other defendant, the Secretary of the Navy. The appeals court granted the Union's motion to dismiss the appeal as interlocutory because the district court's order dismissing one party was not a final order and did not fall under the categories of appealable interlocutory or collateral orders. The appeals court therefore lacked jurisdiction to hear the appeal.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-2562

    EARL C. WALTON, Agent; CARL L.


    Agent; CHARLES A. BROWN, Agent,

    PHILLIPS,
    Plaintiffs - Appellants,

    versus
    TIDEWATER VIRGINIA FEDERAL EMPLOYEES METAL
    TRADES COUNCIL, AFL-CIO,
    Defendant - Appellee,
    JOHN H. DALTON, Secretary of the Navy,
    Defendant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Robert G. Doumar, District Judge.
    (CA-94-967)
    Submitted:

    January 23, 1996

    Decided:

    February 13, 1996

    Before HALL, WILKINS, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Thomas Francis Hennessy, III, SuAnne Leigh Hardee, Chesapeake,
    Virginia, for Appellants. Sally Momsen Tedrow, Robert Matisoff,
    O'DONOGHUE & O'DONOGHUE, Washington, D.C., for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellants seek to appeal an order of the district court dismissing Tidewater Virginia Federal Employees Metal Trades Council,
    AFL-CIO (the Union), from this proceeding. The action continues
    against John H. Dalton, Secretary of the Navy. The Union has moved
    to dismiss the appeal. We grant the motion for lack of jurisdiction. This court may exercise jurisdiction only over final orders,
    28 U.S.C. 1291 (1988), and certain interlocutory and collateral
    orders, 28 U.S.C. 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v.
    Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here
    appealed is neither a final order nor an appealable interlocutory
    or collateral order.
    We grant the Union's motion to dismiss and dismiss the appeal
    as interlocutory. We dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials
    before the court and argument would not aid the decisional process.

    DISMISSED

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