Tom M Apostol Calculus Volume 2 Solution Manual
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Tom M Apostol Calculus Volume 2 Solution Manual, Tom M Apostol Calculus Volume 2 Solutions Manual, tom ap decision which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not final. Therefore, in this circumstance, the court must order that the district court determine before the entry of final judgment the claims remaining for adjudication or the rights and liabilities of the parties. Id.
Our previous decisions have not adequately considered these principles. We have not specifically analyzed whether a Rule 54(b) certification is proper when the merits of an issue are decided in another case in the same case. We have not considered whether principles of res judicata dictate that a trial judge should refrain from certifying a decision that is entirely separate from the merits.
The Supreme Court has recently discussed the appropriate use of the Rule 54(b) certificate in a non-unitary situation. Curtiss-Wright Corp. v. General Elec. Co., — U.S. —-, —-, 100 S.Ct. 1460, 1462, 64 L.Ed.2d 497 (1980). There the Court distinguished between severable and non-severable claims. In the latter situation Rule 54(b) certification is permissible only if the district court makes a finding of “exceptional circumstances.” Id. We do not believe that a severable issue, in and of itself, constitutes an “exceptional circumstance” justifying a 54(b) certification. On the other hand, we have held that a class determination, even when separable from
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