Sears, Roebuck & Co. v. Mackey

351 U.S. 427 (1956)

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Sears, Roebuck & Co. v. Mackey

United States Supreme Court
351 U.S. 427 (1956)

Facts

Mackey (plaintiff) filed a lawsuit against Sears, Roebuck & Co. (Sears) (defendant) alleging six separate counts of wrongdoing, all regarding a variety of unlawful business practices. Count V was abandoned, and Count VI was a duplicate, leaving only Counts I though IV. The trial court dismissed Counts I and II, leaving Counts III and IV to be adjudicated. In its order dismissing Counts I and II, the trial court certified that it had made the determination that there was no just reason for delay and an express direction for the entry of the judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Mackey appealed from the trial court’s order dismissing Counts I and II. Sears filed a motion to dismiss the appeal, arguing that the Seventh Circuit Court of Appeals did not have jurisdiction to hear the appeal because the trial court’s order was not a final, appealable order. The Seventh Circuit Court of Appeals ruled that it did have jurisdiction to hear the appeal, and Sears filed a motion for a writ of certiorari with the United States Supreme Court. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Burton, J.)

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