RIPPERGER v. A. C. ALLYN & CO.

No. 406.

113 F.2d 332 (1940)

RIPPERGER v. A. C. ALLYN & CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 15, 1940.


Attorney(s) appearing for the Case

Jacob K. Javits and Percival E. Jackson, both of New York City, for appellant.

Claire W. Hardy, of Chicago, Ill., for appellee A. C. Allyn & Co., Inc.

Sullivan & Cromwell, of New York City (John C. Bruton, Jr., and Frank J. Berberich, both of New York City, of counsel), for appellee First Boston Corporation.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.


SWAN, Circuit Judge.

This appeal is submitted upon an agreed statement pursuant to Rule 76, Federal Rules of Civil Procedure, 28 U. S.C.A. following section 723c. The question presented is whether the court erred in holding that orders of dismissal for lack of jurisdiction on the ground of improper venue entered in a prior suit on the same cause of action and in the same court require dismissal of the present suit as against...

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