PAUL J. KERN, PLAINTIFF-APPELLANT,
v.
A. J. HETTINGER, JR., INDIVIDUALLY AND AS A DIRECTOR OF THE WESTERN PACIFIC RAILROAD COMPANY, THE WESTERN PACIFIC RAILROAD COMPANY, "RICHARD ROWE" FICTITIOUS, THE REAL NAME OF THE DEFENDANT OR DEFENDANTS BEING UNKNOWN TO THE PLAINTIFF, SAID FICTITIOUS NAME BEING INTENDED TO DESIGNATE ANY ONE OR MORE PERSONS WHO WERE DIRECTORS OF THE DEFENDANT, THE WESTERN PACIFIC RAILROAD COMPANY BETWEEN THE MONTHS OF JUNE AND OCTOBER 1957, SAMUEL P. MASON, THE CHASE MANHATTAN BANK AND THE CHEMICAL CORN EXCHANGE BANK, DEFENDANTS-APPELLEES
PAUL J. KERN, PLAINTIFF-APPELLANT,
A. J. HETTINGER, JR., INDIVIDUALLY AND AS A DIRECTOR OF THE WESTERN PACIFIC RAILROAD COMPANY, THE WESTERN PACIFIC RAILROAD COMPANY, "RICHARD ROWE" FICTITIOUS, THE REAL NAME OF THE DEFENDANT OR DEFENDANTS BEING UNKNOWN TO THE PLAINTIFF, SAID FICTITIOUS NAME BEING INTENDED TO DESIGNATE ANY ONE OR MORE PERSONS WHO WERE DIRECTORS OF THE DEFENDANT, THE WESTERN PACIFIC RAILROAD COMPANY BETWEEN THE MONTHS OF JUNE AND OCTOBER 1957, SAMUEL P. MASON, THE CHASE MANHATTAN BANK AND THE CHEMICAL CORN EXCHANGE BANK, DEFENDANTS-APPELLEES
290 F.2d 585
United States Court of Appeals for the Second Circuit (1961)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
When the within appeal was calendared for argument we examined the record filed by appellant. It clearly appears from that record that the appeal is premature inasmuch as the complaint sets forth a single claim for relief against multiple party defendants and there has been no final determination below as to one of these defendants.
Appeal dismissed for lack of appellate jurisdiction. Mull v. Ackerman, 2 Cir., 1960, 279 F. 2d 25; Goldlawr, Inc. v. Hei-man, 2 Cir., 1959, 273 F. 2d 729.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bernardino Chirez Hernandez v. United States, 300 F.2d 114 (9th Cir. 1962)
-
United States v. Monica, 295 F.2d 400 (2d Cir. 1961)
-
United States v. Pardo-Bolland, 348 F.2d 316 (2d Cir. 1965)
Authorities Cited
- Goldlawr, Inc. v. Heiman, 273 F.2d 729 (2d Cir. 1959)
- Mull v. Ackerman, 279 F.2d 25 (2d Cir. 1960)