Kern v. Hettinger

Second Circuit

Kern v. Hettinger

290 F.2d 585

CourtCourt of Appeals for the Second Circuit

DecidedMay 24, 1961

DocketNo. 321, Docket 26646

StatusPublished

This text of 290 F.2d 585 (Kern v. Hettinger) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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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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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Bluebook (online)

290 F.2d 585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kern-v-hettinger-ca2-1961.

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