Metal Fabricators, Inc. v. Granite City Steel Company, Just Manufacturing Company and Midwest Tool & Supply Company

Eighth Circuit

Metal Fabricators, Inc. v. Granite City Steel Company, Just Manufacturing Company and Midwest Tool & Supply Company

357 F.2d 175, 1966 U.S. App. LEXIS 6871

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 15, 1966

Docket18159_1

StatusPublished

Cited by6 cases

This text of 357 F.2d 175 (Metal Fabricators, Inc. v. Granite City Steel Company, Just Manufacturing Company and Midwest Tool & Supply Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Metal Fabricators, Inc. v. Granite City Steel Company, Just Manufacturing Company and Midwest Tool & Supply Company, 357 F.2d 175, 1966 U.S. App. LEXIS 6871 (8th Cir. 1966).

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Opinion

PER CURIAM.

Upon a petition filed by creditors of Metal Fabricators, Inc., appellant here, the United States District Court entered an order on June 11, 1965, adjudging appellant a bankrupt. On June 24, 1965, appellant filed a motion to set aside and vacate that order. On July 1 the motion was denied and on July 30 appellant appealed from the “order * * * denying [its] motion to vacate adjudication * * *»

Appellees have filed a motion to dismiss the appeal on the ground that it was taken from a non-appealable order. Appellees’ motion to dismiss is well taken. It is an established rule that “[m]otions to vacate orders, motions for rehearings or for new trials, and like motions are addressed to the discretion of the trial court and are intended to call its attention to errors allegedly committed by it and to afford an opportunity for their correction. Orders granting or denying such motions are not appealable.” Jones v. Thompson, 128 F.2d 888, 889 (8 Cir. 1942) and cases cited. “An appeal from the denial of a motion to vacate an order is not the equivalent of an appeal from the order itself.” Id., p. 889. See also, Brown v. Thompson, 150 F.2d 171 (8 Cir. 1945); United States v. Muschany, 156 F.2d 196 (8 Cir. 1946); Payne v. Koehler, 225 F.2d 103 (8 Cir. 1955), cert. denied, 350 U.S. 904, 76 S.Ct. 183, 100 L.Ed. 794.

We have carefully read the cases of Sobel v. Diatz, 88 U.S.App.D.C. 329, 189 *176 F.2d 26 (1951); United States v. Stromberg, 227 F.2d 903 (5 Cir. 1955); Indemnity Ins. Co. v. Reisley, 153 F.2d 296 (2 Cir. 1945); Preble v. Johnson, 275 F.2d 275 (10 Cir. 1960), relied upon by appellant, and do not find that they compel a contrary result.

The appeal is dismissed for lack of jurisdiction.

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PER CURIAM.

Upon a petition filed by creditors of Metal Fabricators, Inc., appellant here, the United States District Court entered an order on June 11, 1965, adjudging appellant a bankrupt. On June 24, 1965, appellant filed a motion to set aside and vacate that order. On July 1 the motion was denied and on July 30 appellant appealed from the “order * * * denying [its] motion to vacate adjudication * * *»

Appellees have filed a motion to dismiss the appeal on the ground that it was taken from a non-appealable order. Appellees’ motion to dismiss is well taken. It is an established rule that “[m]otions to vacate orders, motions for rehearings or for new trials, and like motions are addressed to the discretion of the trial court and are intended to call its attention to errors allegedly committed by it and to afford an opportunity for their correction. Orders granting or denying such motions are not appealable.” Jones v. Thompson, 128 F.2d 888, 889 (8 Cir. 1942) and cases cited. “An appeal from the denial of a motion to vacate an order is not the equivalent of an appeal from the order itself.” Id., p. 889. See also, Brown v. Thompson, 150 F.2d 171 (8 Cir. 1945); United States v. Muschany, 156 F.2d 196 (8 Cir. 1946); Payne v. Koehler, 225 F.2d 103 (8 Cir. 1955), cert. denied, 350 U.S. 904, 76 S.Ct. 183, 100 L.Ed. 794.

We have carefully read the cases of Sobel v. Diatz, 88 U.S.App.D.C. 329, 189 *176 F.2d 26 (1951); United States v. Stromberg, 227 F.2d 903 (5 Cir. 1955); Indemnity Ins. Co. v. Reisley, 153 F.2d 296 (2 Cir. 1945); Preble v. Johnson, 275 F.2d 275 (10 Cir. 1960), relied upon by appellant, and do not find that they compel a contrary result.

The appeal is dismissed for lack of jurisdiction.

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357 F.2d 175, 1966 U.S. App. LEXIS 6871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metal-fabricators-inc-v-granite-city-steel-company-just-manufacturing-ca8-1966.

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