LACLEDE GAS COMPANY, D/B/A MIDWEST MISSOURI GAS COMPANY, APPELLANT,
v.
AMOCO OIL COMPANY, APPELLEE
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The court held that a decree of specific performance is not a final decision for purposes of appeal under 28 U.S.C. § 1291 when a claim for damages remains outstanding.
Laclede appealed a district court's decree of specific performance in a breach of contract action. This was Laclede's third appeal in the ongoing liti…
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PER CURIAM.
This is Laclede’s third appeal in this ongoing diversity action for breach of contract. Laclede now appeals from a decree of specific performance entered by the district court1 on Count I of its suit for breach of contract after reversal and remand by this court in Laclede Gas Company, d/b/a Midwest Gas Company v. Amoco Oil Company, 522 F. 2d 33 (8th Cir. 1975). We dismiss this appeal for lack of jurisdiction2 upon the grounds that the decree of specific performance is not a final decision for purposes of 28 U.S.C. § 1291. There remains outstanding Laclede’s claim for damages under Count II of its complaint. See Laclede Gas Company, d/b/a Midwest Missouri Gas Company v. Amoco Oil Company, 522 F. 2d 41 (8th Cir. 1975).
The order for specific performance is not one which “ends the litigation and leaves nothing for the court to do but execute the judgment.” Wrist-Rocket Mfg. Co., Inc. v. Saunders Archery Co., 516 F. 2d 846, 849 (8th Cir. 1975); Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911, 915 (1945).
Reversed and remanded accordingly.
. The Honorable H. Kenneth Wangelin, United States District Judge for the Eastern District of Missouri.
. See Local Rule 9.
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Authorities Cited
- Catlin v. United States, 324 U.S. 229 (U.S. 1945)
- Laclede GAS Co. v. Amoco OIL Co., 522 F.2d 41 (8th Cir. 1975)
- Wrist-Rocket Mfg. Co., Inc. v. Saunders Archery Co., 516 F.2d 846 (8th Cir. 1975)
- Laclede GAS Co. v. Amoco OIL Co., 522 F.2d 33 (8th Cir. 1975)