LONG
v.
DAVIS ET AL.

9th Cir. | 1948-09-21
No. 12024
169 F.2d 982 United States Court of Appeals for the Ninth Circuit (1948) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a motion granting a new trial. The appeal was taken on July 9, 1948. Appellees moved to dismiss it on the ground that the order was not a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225(a),1 1946 Edition, then in effect, and hence was not appealable. The motion is well founded. Sentinel v. Dinwiddie, 7 Cir., 41 F. 2d 57; Hunt v. United States, 10 Cir., 53 F. 2d 333; East Erie Commercial Co. v. Denial, 3 Cir., 66 F. 2d 555; Frank Mercantile Corp. v. Prudential Ins. Co., 3 Cir., 115 F. 2d 496. Accordingly, it is granted and the appeal is dismissed.

Now 28 U.S.C.A. § 1291.


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