Kern v. Hettinger

290 F.2d 585
Court of Appeals for the Second Circuit·Decided May 24, 1961·No. No. 321, Docket 26646·Published

Opinion

PER CURIAM.

When the within appeal was calendared for argument we examined the record filed by appellant. It clearly appears from that record that the appeal is premature inasmuch as the complaint sets forth a single claim for relief against multiple party defendants and there has been no final determination below as to one of these defendants.

Appeal dismissed for lack of appellate jurisdiction. Mull v. Ackerman, 2 Cir., 1960, 279 F.2d 25; Goldlawr, Inc. v. Hei-man, 2 Cir., 1959, 273 F.2d 729.

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Kern v. Hettinger, 290 F.2d 585 (2d Cir. 1961).

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