PETROL CORPORATION v. PETROLEUM HEAT & POWER CO.

No. 262, Docket 20583.

162 F.2d 327 (1947)

PETROL CORPORATION v. PETROLEUM HEAT & POWER CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

June 18, 1947.


Attorney(s) appearing for the Case

John W. Burke, Jr., of New York City (Davies, Auerbach, Cornell & Hardy and Archibald A. Patterson, all of New York City, on the brief), for plaintiff-appellant Petrol Corporation.

Stanley W. Schaefer, of New York City (Foley & Statt, Frank J. Foley, Milton James, and Lindsay D. Holmes, all of New York City, on the brief), for defendant-appellee and cross-appellant Petroleum Heat & Power Co., Inc.

George S. Brengle, of New York City (Bigham, Englar, Jones & Houston and D. Roger Englar, all of New York City, on the brief), for defendant-appellee National Bulk Carriers, Inc.

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


CLARK, Circuit Judge.

Since this action remains pending in the District Court for the fixing of the amount of damages on the liability found by the court, we are faced initially with the question whether the judgment appealed from is final and whether the case is yet ripe for review on appeal. The parties refer to the various claims and cross and counterclaims filed by them and urge that at least some are separate from those retained below and are within our jurisdiction...

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