Taco John's of Huron, Inc. v. Bix Produce Co., LLC, No. 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. 

Read Taco John's of Huron, Inc. v. Bix Produce Co., LLC, No. 08-3432

Appellate Information
Appeal from the United States District Court for the District of South Dakota.
Submitted: June 11, 2009
Filed: June 25, 2009

Judges
Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.
Opinion by ARNOLD, Circuit Judge.