William Marco, as Administrator, Etc. v. John Foster Dulles, and Ridge Realization Corporation

Second Circuit

William Marco, as Administrator, Etc. v. John Foster Dulles, and Ridge Realization Corporation

268 F.2d 192, 1959 U.S. App. LEXIS 3614

Court of Appeals for the Second Circuit·Decided June 22, 1959·No. 312, Docket 25543·Published·Cited by 45 cases

Opinions

SWAN, Circuit Judge.

Judge Bryan’s opinion denying the motion is reported in 169 F.Supp. 622. In taking its appeal appellant relied upon Harmar Drive-In Theatre, Inc. v. Warner Bros. Pictures, 2 Cir., 239 F.2d 555, rehearing denied 241 F.2d 937, certiorari denied 355 U.S. 824, 78 S.Ct. 31, 2 L.Ed.2d 38, as establishing that the order was appealable. Subsequent to taking its appeal the case of Fleischer v. Phillips, 2 [193] Cir., 264 F.2d 515, certiorari denied Fleischer v. Benjamin, 359 U.S. 1002, 79 S.Ct. 1139, was decided by this court. That case demonstrates that an order denying a motion to disqualify attorneys is interlocutory and not appealable without compliance with 28 U.S.C.A. § 1292(b). Accordingly we are constrained to dismiss the appeal. So ordered.

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SWAN, Circuit Judge.

Judge Bryan’s opinion denying the motion is reported in 169 F.Supp. 622. In taking its appeal appellant relied upon Harmar Drive-In Theatre, Inc. v. Warner Bros. Pictures, 2 Cir., 239 F.2d 555, rehearing denied 241 F.2d 937, certiorari denied 355 U.S. 824, 78 S.Ct. 31, 2 L.Ed.2d 38, as establishing that the order was appealable. Subsequent to taking its appeal the case of Fleischer v. Phillips, 2 [193] Cir., 264 F.2d 515, certiorari denied Fleischer v. Benjamin, 359 U.S. 1002, 79 S.Ct. 1139, was decided by this court. That case demonstrates that an order denying a motion to disqualify attorneys is interlocutory and not appealable without compliance with 28 U.S.C.A. § 1292(b). Accordingly we are constrained to dismiss the appeal. So ordered.

William Marco, as Administrator, Etc. v. John Foster Dulles, and Ridge Realization Corporation, 268 F.2d 192, 1959 U.S. App. LEXIS 3614 (2d Cir. 1959).

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