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No. 9343693
United States Court of Appeals for the Ninth Circuit
Fugate v. Morton
No. 9343693 · Decided January 23, 1975
No. 9343693·Ninth Circuit · 1975·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
January 23, 1975
Citation
No. 9343693
Disposition
See opinion text.
Full Opinion
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 nonappealable 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.)
Plain English Summary
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.
Key Points
01OPINION PER CURIAM: Fugate has appealed the District Court’s stay of his case pending a hearing on his removal by the Civil Service Commission.
02The weight of authority holds such an order by the district court to be nonappealable since it does not meet the finality requirement of 28 U.S.C.
03
04
Frequently Asked Questions
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.
FlawCheck shows no negative treatment for Fugate v. Morton in the current circuit citation data.
This case was decided on January 23, 1975.
Use the citation No. 9343693 and verify it against the official reporter before filing.