East Erie Commercial R. v. Denial
This text of 66 F.2d 555 (East Erie Commercial R. v. Denial) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the final analysis, this is an appeal from an order of the court below granting a new trial. The trial judge felt he had tried the case under a mistaken view of a Supreme Court decision and therefore felt constrained to grant a new trial. See Fairmount Glass Works v. Cub Fork Coal Co., 287 U. S. 474, 53 S. Ct. 252, 77 L. Ed. 439. It is thus seen there is no final judgment from which an appeal lies. Consequently it is dismissed, and the cause remanded for due procedure.
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Cite This Page — Counsel Stack
66 F.2d 555, 1933 U.S. App. LEXIS 2710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-erie-commercial-r-v-denial-ca3-1933.