Franklin L. Smith, Superintendent, D.c. Public Schools, Appellant, v. Ernie Henson, et al, 976 F.2d 47 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 976 F.2d 47 (D.C. Cir. 1992) Aug. 3, 1992

Before WALD, SILBERMAN and RANDOLPH, Circuit Judges.

ORDER

PER CURIAM.


Upon consideration of the motion to dismiss, the response thereto and the reply, it is

ORDERED that the motion to dismiss be granted. Because the order at issue adjudicates the rights and liabilities of fewer than all of the parties, it does not terminate the district court action; thus, this court lacks jurisdiction over this appeal. See Fed. R. Civ. P. 54(b); 28 U.S.C. § 1291.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.

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