Fugate v. Morton

Full title: PAUL B. FUGATE, PETITIONER-APPELLANT, v. ROGERS MORTON, SECRETARY OF THE…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 23, 1975

510 F.2d 307 (9th Cir. 1975)

Opinion

No. 74-2128.

January 23, 1975. Certiorari Denied June 23, 1975.

W. Edward Morgan, Tucson, Ariz., for petitioner-appellant.

James D. Whitney, Asst. U.S. Atty., Tucson, Ariz., for respondent-appellee.

Appeal from the United States District Court for the District of Arizona.

Before VAN OOSTERHOUT,^_ BARNES and HUFSTEDLER, Circuit Judges.

_ Honorable Martin D. Van Oosterhout, Senior Circuit Judge, Eighth Circuit, sitting by designation.

OPINION

PER CURIAM:

Fugate has appealed the District Court's stay of his case pending a hearing on his removal by the Civil Service Commission. The weight of authority holds such an order by the district court to be non appealable since it does not meet the finality requirement of 28 U.S.C. § 1291 (1970). Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973); Pauls v. Secretary of Air Force, 457 F.2d 294 (1st Cir. 1972); United Transportation Union v. Illinois, 433 F.2d 566 (7th Cir. 1970); Transportation-Communication Div. v. St. Louis-San Francisco Ry., 419 F.2d 933 (8th Cir. 1969); Mayersky v. Celebrezze, 353 F.2d 89 (3rd Cir. 1965). This appeal is therefore dismissed.

(See this Court's Order of May 23, 1974.)