Taco John's of Huron, Inc. v. Bix Produce Co., LLC, 08-3432
In a negligence class action involving the provision of contaminated lettuce to restaurant franchises, appeal following district court's Rule 54(b) certification for immediate appeal is dismissed for lack of jurisdiction where the case does not present sufficient exigency as there is no danger or hardship in allowing it to take its ordinary course.
- Decided 06/25/2009
- Published 06/25/2009
ARNOLD, Circuit Judge., Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.
United States Eighth Circuit
Barbara A. Bagdon, argued, Minneapolis, MN, James Michael Dady, Minneapolis, MN, on the brief, appellant.
Mark J. Arndt, argued, Sioux Falls, SD, for appellee.