Hearn v. the Board of Public Education
191 F.3D 1329, 1999.C11.0042676 , 138 ED. LAW REP. 662, 15 IER CASES 1013
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Publisher Description
We must decide whether we have jurisdiction over this appeal, which was not an appeal from final judgment and in which no Rule 54(b) certificate was granted at the time the appellants filed their notice of civil appeal. We hold that this court has jurisdiction over this appeal. We then must decide whether a states substantive law or the Federal Rules of Civil Procedure govern the relation-back amendment of a fictitious defendant. We affirm the district courts application of the Federal Rules of Civil Procedure.