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CORY BROS. & CO. v. UNITED STATES

No. 210.

47 F.2d 607 (1931)

CORY BROS. & CO., Limited, v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Choate, Larocque & Mitchell, of New York City (Joseph Larocque, of New York City, of counsel), for appellant.

Robert E. Manley, Acting U. S. Atty., of New York City (William E. Collins, Sp. Asst. to U. S. Atty., of New York City, of counsel), for the United States.

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

PER CURIAM.

It is impossible to consider the order appealed from a final order. For aught that appears, the libelant may have amended its libel, and may, should the amended libel be dismissed, hereafter appeal from that order. A case may not be brought up in fragments (Collins v. Miller, 252 U.S. 364, 370, 40 S.Ct. 347, 64 L. Ed. 616), and this possibility of a later appeal from a dismissal of an amended libel emphasizes the lack of...

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