(Download) "Sooner Products Co. v. Mcbride" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Sooner Products Co. v. Mcbride
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 16, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Sooner Products Co. (Sooner) brought an action under 42 U.S.C. §§ 1983, 1985 and 1986 (1976) against numerous defendants in the United States District Court for the Northern District of Oklahoma. Pursuant to Fed. R. Civ. P. 12(b)(6), all defendants filed motions to dismiss the complaint for failure to state a claim upon which relief could be granted. The district court allowed Sooner to amend its complaint under Fed. R. Civ. P. 15(a). The defendants then moved to dismiss the amended complaint. On May 14, 1981, the district court granted the motions to dismiss in favor of all the defendants. On May 26, 1981, Sooner filed a motion for leave to file a second amended complaint under Fed. R. Civ. P. 15(a). The district court denied that motion on June 23, 1981. On July 23, 1981, Sooner filed its notice of appeal of the orders of May 14 and June 23. Sooner contends that the order of May 14 was not a final, appealable order, and therefore its notice of appeal filed on July 23 was timely. We disagree. In order to determine whether a trial court's dismissal of a complaint is a final, appealable order, we must scrutinize the order to determine whether the trial court intended to dispose of the plaintiff's entire cause of action. Bragg v. Reed, 592 F.2d 1136, 1138 (10th Cir. 1979); Petty v. Manpower, Inc., 591 F.2d 615, 617 (10th Cir. 1979) (per curiam). A review of the May 14 order reveals the clear intent of the district court to extinguish Sooner's entire cause of action. The May 14 order was final and appealable at that time.
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