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DICKINSON v. MULLIGAN

173 F.2d 738 (1949)

DICKINSON v. MULLIGAN et al.

United States Court of Appeals Second Circuit.

March 31, 1949.

Attorney(s) appearing for the Case

Solomon Kaufman, of New York City, for appellant Dickinson.

James A. Vaughan, of New York City, for appellees E. Lewis Burnham and others, for the motion.

Alexander Kahan, of New York City, opposed.

Before L. HAND, SWAN and FRANK, Circuit Judges.

L. HAND, Chief Judge.

The appellant, Dickinson, and the appellees, Burnham and others, constituting the "Rinke Agency Subscribers," move to dismiss the appeal of the Petroleum Conversion Corporation from a judgment of the district court entered August third, 1948. The chief question is whether the corporation could have appealed from an earlier judgment, entered on April tenth, 1947, which dismissed a counterclaim filed by it after it had been allowed to intervene...

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