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YOUNG v. SOUTHERN PAC. CO.

No. 173.

15 F.2d 280 (1926)

YOUNG et al. v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

Dudley F. Phelps and Frank M. Swacker, both of New York City, for appellants.

Humes, Buck & Smith, of New York City (Gordon M. Buck, of New York City, and John R. Bartels, of Brooklyn, N. Y., of counsel), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

To a preliminary suggestion of respondent that the law does not permit this appeal, we cannot accede. Admittedly no appeal lies from an order of remand, because Judicial Code, § 28 (Comp. St. § 1010), specifically forbids one, and none from an order refusing remand, because it is not final under Judicial Code, § 128 (Comp. St. § 1120). Since no motion to remand was made herein, it is urged...

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