525 F.2d 688

Jeralee A. TIETZ, Appellant, v. LOCAL 10 OF the INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, Appellee.

No. 75-1459.

United States Court of Appeals, Eighth Circuit.

Submitted Oct. 22, 1975.

Decided Nov. 17, 1975.

Martin M. Bauman of Dale, Flynn, Bauman & Liles, St. Joseph, Mo., filed brief for appellant.

Robert E. Funk, Jr., Kansas City, Kan., filed brief for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

*689ORDER DISMISSING APPEAL

On May 15, 1975, the district court dismissed the Title VII complaint of Jeralee Tietz.1 The order stated that it was “without prejudice to plaintiff’s right, should she seek to do so, to file an amended complaint within fifteen (15) days * * *.” Plaintiff did not amend her complaint. On May 30, without further action by the district court, she filed a notice of appeal. Both parties have filed briefs on the merits.

However, we are compelled to notice a lack of jurisdiction sua sponte. The order of May 15, from which plaintiff appeals, is not a final order. “It did not direct ‘that all relief be denied’ (Rule 58 of Federal Rules of Civil Procedure) but left the suit pending for further proceedings ‘either by amendment of the [complaint] or entry of a final judgment’ * * *.” Jung v. K. & D. Mining Co., Inc., 356 U.S. 335, 337, 78 S.Ct. 764, 766, 2 L.Ed.2d 806 (1958) (per curiam); see Western Electric Co. v. Pacent Reproduction Co., 37 F.2d 14 (2d Cir. 1930).

Since the district court’s order that is the subject of this appeal is not final and since it does not appear that this case is within any exception to the rule requiring finality, this appeal must be and is hereby dismissed.2

Each party shall bear its own costs of this appeal.

Tietz v. Local 10 of the International Ass'n of Bridge, Structural & Ornamental Iron Workers
525 F.2d 688

Case Details

Name
Tietz v. Local 10 of the International Ass'n of Bridge, Structural & Ornamental Iron Workers
Decision Date
Nov 17, 1975
Citations

525 F.2d 688

Jurisdiction
United States

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