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KELLY v. LEE'S OLD FASHIONED HAMBURGERS, INC.

No. 89-3133.

908 F.2d 1218 (1990)

Wendolyn A. KELLY, Plaintiff-Appellant, v. LEE'S OLD FASHIONED HAMBURGERS, INC. (LEE'S OLD FASHIONED HAMBURGERS OF NEW ORLEANS, INC.), Defendant, State Farm Fire & Casualty Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 31, 1990.

Attorney(s) appearing for the Case

Wendolyn Kelly Long, Grand Isle, La., pro se.

Michael J. Navitsky, Garner, Munoz & Navitsky, New Orleans, La., for intervenor.

James L. Harmon and Joseph R. Ward, Jr., Ward & Clesi, New Orleans, La., for defendant-appellee.

Before CLARK, GEE, GARZA, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER and BARKSDALE, Circuit Judges.

PER CURIAM:

We took this case en banc to consider the following question: May a district court enter a partial final judgment under Federal Rule of Civil Procedure 54(b), without reciting that "no just reason for delay" exists for its entry.

I.

The background facts of this case are stated fully in the panel opinion. 896 F.2d 923 (5th Cir.1990). We will state only the facts important to our decision today. Kelly sued...

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