Signa Johnson, Administratrix of the Estate of George Johnson, Deceased v. The Baltimore & Ohio Railroad Company

Third Circuit

Signa Johnson, Administratrix of the Estate of George Johnson, Deceased v. The Baltimore & Ohio Railroad Company

202 F.2d 149, 1953 U.S. App. LEXIS 3208

Court of Appeals for the Third Circuit·Decided February 16, 1953·No. 10842·Published

Opinion

PER CURIAM.

It appears clearly that the order appealed from is not a final decision within the purview of Section 1291, Title 28, U.S.C., nor is it within any exception specified by Section 1292. The order also is not within the *150 purview of Rule 54(b) of the Federal Rules of Civil Procedure, 28 U.S.C., the issue of damages having been reserved by the court below. Accordingly an order was entered on February 12, 1953, D.C.Pa., 106 F.Supp. 166, dismissing the appeal for want of jurisdiction and remanding the case to the court below for such further proceedings as may be appropriate.

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PER CURIAM.

It appears clearly that the order appealed from is not a final decision within the purview of Section 1291, Title 28, U.S.C., nor is it within any exception specified by Section 1292. The order also is not within the *150 purview of Rule 54(b) of the Federal Rules of Civil Procedure, 28 U.S.C., the issue of damages having been reserved by the court below. Accordingly an order was entered on February 12, 1953, D.C.Pa., 106 F.Supp. 166, dismissing the appeal for want of jurisdiction and remanding the case to the court below for such further proceedings as may be appropriate.

Signa Johnson, Administratrix of the Estate of George Johnson, Deceased v. The Baltimore & Ohio Railroad Company, 202 F.2d 149, 1953 U.S. App. LEXIS 3208 (3d Cir. 1953).

Pincite

202 F.2d 149 (Signa Johnson, Administratrix of the Estate of George Johnson, Deceased v. The Baltimore & Ohio Railroad Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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