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BECKHARDT v. NATIONAL POWER & LIGHT CO.

No. 38, Docket 20689.

164 F.2d 199 (1947)

BECKHARDT v. NATIONAL POWER & LIGHT CO.

Circuit Court of Appeals, Second Circuit.

November 20, 1947.

Attorney(s) appearing for the Case

Israel Beckhardt, of New York City, pro se, plaintiff-appellant.

Bernal D. Seamster, of New York City (Reid & Priest and Ralph M. McDermid, all of New York City, on the brief), for defendant-appellee.

Roger S. Foster, Sol., Harry G. Slater, Chief Counsel, Pub. Utilities Div., and David Ginsburg and Myer Feldman, Attys., Securities and Exchange Commission, for the Securities and Exchange Commission, amicus curiae.

Before SWAN, CHASE and CLARK, Circuit Judges.

PER CURIAM.

The order appealed from left the plaintiff's action pending before the court, to be actively resumed at least as soon as the Securities and Exchange Commission had rendered its decision as to the plaintiff's fees in a proceeding now pending before it, and possibly even sooner if the court so chose. Complete control of the cause still lay with the court. Consequently the order was not a final judgment. Nor was it the grant of an injunction under 28 U.S...

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