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MUNSON LINE v. GREEN

No. 84, Docket 20759.

165 F.2d 321 (1948)

MUNSON LINE, Inc. v. GREEN et al.

Circuit Court of Appeals, Second Circuit.

January 5, 1948.

Attorney(s) appearing for the Case

Cahill, Gordon, Zachry & Reindel, of New York City (Paul Williams and Robert G. Zeller, both of New York City, of counsel), for appellant Munson Line, Inc.

Baker, Obermeier & Rosner, of New York City (Isidor J. Kresel and Oscar S. Rosner, both of New York City, of counsel; Jay Raymond Levinson and William Peyton Marin, both of New York City, on the brief), for appellees.

Before CHASE, CLARK and FRANK, Circuit Judges.

PER CURIAM.

The jurisdiction based on diversity is clear but before the merits of this appeal may be considered it is necessary to decide whether the order is final and hence appealable within Section 128 of the Judicial Code, 28 U.S.C.A. § 225. The defendants moved before answer under Rule 12 (b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss all of the three counts in the complaint on the ground that none of them stated...

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