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SIDNEY BLUMENTHAL & CO. v. UNITED STATES

No. 87.

30 F.2d 247 (1929)

SIDNEY BLUMENTHAL & CO., Inc., v. UNITED STATES et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., and H. F. Birnbaum and Anthony M. Menkel, Sp. Asst. U. S. Attys., all of New York City, for appellant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Cletus Keating and James H. Herbert, both of New York City, of counsel), for appellee.

Henry N. Longley, of New York City, for libelant.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

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

The first question is of the appealability of the decree dismissing the petition, which was not separately appealable before the amendment of April 3, 1926, to section 129 of the Judicial Code (28 US CA § 227). Oneida Navigation Co. v. Job & Co., 252 U.S. 521, 40 S.Ct. 357, 64 L. Ed. 697. It makes no difference whether that act covers the case, since, even so, it was...

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