UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
July 19, 1991
PAUL SPOHN AND JANE ANNE SPOHN, HUSBAND AND WIFE, AND PHILLIP SPOHN
TERRY OWENS A/K/A GERRY OWENS A/K/A JERRY OWENS; REFINERS TRANSPORT AND TRAILER CORPORATION A/K/A REFINERS TRANSPORT AND TERMINAL CORPORATION V. PHILIP SPOHN PAUL SPOHN AND JANE ANN SPOHN, HUSBAND AND WIFE, APPELLANTS
Appeal from the United States District Court for the Eastern District of Pennsylvania; D.C. Civ. No. 89-06757; District Judge: Honorable Franklin S. Van Antwerpen.
Stapleton, Hutchinson, and Rosenn, Circuit Judges.
This cause came on to be heard on the record from the United States District Court for the Eastern District of Pennsylvania and was submitted on briefs under Third Circuit Rule 12(6) on July 9, 1991.
Under Fed. R. Civ. P. 54(b) the dismissal of one party, but not all, is not a final decision unless the district court makes an express determination that there is no just reason for delay and expressly directs that judgment be entered as to the defendant. Absent such a determination as required by the rule, there is not an appealable order before this court.
It is therefore ADJUDGED and ORDERED that the appeal be and is hereby dismissed.
Costs taxed against appellant.
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