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MARCUS BREIER SONS, INC. v. MARVLO FABRICS, INC.

No. 182, Docket 21240.

173 F.2d 29 (1949)

MARCUS BREIER SONS, Inc. v. MARVLO FABRICS, Inc.

United States Court of Appeals Second Circuit.

March 7, 1949

Attorney(s) appearing for the Case

Herman Seid, of New York City, for plaintiff-appellee.

Louis Barnett, of New York City (Albert T. Scharps, of New York City, of counsel), for defendant-appellant.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

PER CURIAM.

This is an appeal by the defendant from an order denying its motion for summary judgment upon its first counterclaim. In Drittel v. Friedman, 2 Cir., 154 F.2d 653, this court held that an appeal will not lie from such an order. It is purely interlocutory, inasmuch as it does no more than would an order under earlier practice overruling a demurrer. In other words, it leaves the issues raised by the defendant's first counterclaim...

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