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In re Cox

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: December 18, 1992.

IN RE HOWARD N. COX AND COX PAVING COMPANY, PETITIONERS.

Schall

Schall

ON PETITION FOR WRIT OF MANDAMUS

Before SCHALL, Circuit Judge.

Order

Howard N. Cox and Cox Paving Company have submitted a petition for writ of mandamus seeking review of orders issued by the United States District Court for the District of Arizona in a contempt proceeding.

We note that on November 23, 1992, the district court certified the contempt order as final pursuant to Fed. R. Civ. P. 54(b). Hence, Cox and Cox Paving must appeal in order to seek review. See Moses H. Cone Hospital v Mercury Constr. Corp., 460 U.S. 1, 8, 74 L. Ed. 2d 765, 103 S. Ct. 927 n. 6 (1983) (a court of appeals has no occasion to engage in extraordinary review by mandamus . . ., when it can exercise the same review by a contemporaneous ordinary appeal).

Accordingly,

IT IS ORDERED THAT:

Cox and Cox Paving's petition is dismissed.*fn*

DEC 18 1992

Date

Alvin A. Schall, Circuit Judge


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