LIBERTY MUT. INS. CO. ET AL.
v.
PILLSBURY ET AL.
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The “order” of December 26, 1944, was a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225(a), and hence was appealable, but no appeal was taken therefrom. On February 21, 1945, the judge signed and caused to be filed a “decree” purporting to dismiss the amended libel which, in fact, was dismissed by the “order” of December 26, 1944. From the “decree” of February 21, 1945, this appeal was taken on April 24, 1945.
As heretofore stated, the “order” of December 26, 1944, was a final decision. There was no other final decision in this case. No other final decision was necessary. The “decree” of February 21, 1945, was not a final decision and was not appealable.
Appeal dismissed.
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Russell v. THE Tex. Co., 211 F.2d 740 (9th Cir. 1954)
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In re Slimick v. Silva, 928 F.2d 304 (9th Cir. 1990)
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