DRITTEL v. FRIEDMAN

No. 230.

154 F.2d 653 (1946)

DRITTEL v. FRIEDMAN et al.

Circuit Court of Appeals, Second Circuit.

March 29, 1946.


Attorney(s) appearing for the Case

Morris Kirschstein, of New York City, for appellee,

I. Gainsburg, of New York City, for appellants.

Before L. HAND, CLARK, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

1. In so far as the appeal relates to the counterclaim, we may entertain it, since the counterclaim sought an injunction. Defendants' suggestion that we "search the record," and thus determine the validity of plaintiff's claim, is an oblique suggestion that we review the order denying defendants' motion for summary judgment. But such an order is not appealable.

2. Except as to two items, noted below, the state court judgment was res judicata...

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