IN RE FORSTNER CHAIN CORPORATION

Nos. 4421. Orig, 4425.

177 F.2d 572 (1949)

In re FORSTNER CHAIN CORPORATION, Petitioner. FORSTNER CHAIN CORPORATION v. MARVEL JEWELRY MFG. CO.

United States Court of Appeals First Circuit.

November 10, 1949.


Attorney(s) appearing for the Case

Nathaniel Frucht, Providence, R. I., for petitioner, appellant.

James J. Corrigan, Providence, R. I., for intervenor, appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and CLIFFORD, District Judge.


MAGRUDER, Chief Judge.

No. 4425 presents an unusual situation. The appeal is from a ruling or order denying a motion to enter final judgment dismissing a complaint in a patent suit, this motion having been made by the losing plaintiff, Forstner Chain Corporation, on the theory that the granting of such motion was a prerequisite to the taking of an appeal. At first blush, an order of this sort might seem not to be a "final decision" appealable under 28 U.S.C.A. §...

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