Federal Procedure – Jurisdiction – Appeal from Judgment on Some of Several Multiple Claims Under Rule 54(b)

Plaintiff filed a complaint in a federal district court alleging in six counts that defendant was engaged in unfair competition against business ventures carried on by the plaintiff. The defendant filed a motion to dismiss the complaint. The court ordered two counts to be stricken, found that there was no just reason for delaying the final determination of the issues raised by these counts, and directed that judgment be entered thereon against the plaintiff. The plaintiff appealed and the defendant moved to dismiss the appeal on the ground that the order and judgment appealed from was not a final or appealable order under the requirements of section 1291, title 28, U.S.C.(1952). Held, motion to dismiss denied. The district court’s decision was a “final decision” within the meaning of section 1291. Mackey v. Sears, Roebuck & Co., (7th Cir. 1955) 218 F. (2d) 295.