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RUSSELL BOX CO. v. GRANT PAPER BOX CO.

No. 4438.

179 F.2d 785 (1950)

RUSSELL BOX CO. v. GRANT PAPER BOX CO.

United States Court of Appeals First Circuit.

Rehearing Denied February 21, 1950.

Attorney(s) appearing for the Case

Frank L. Simpson, Boston, Mass. (Herbert A. Baker and Roderick Wm. Hoag, Boston, Mass., on brief), for appellant.

Hector M. Holmes, Boston, Mass. (William H. Parmelee, Pittsburgh, Pa., on brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and McALLISTER (by special assignment), Circuit Judges.

WOODBURY, Circuit Judge.

The order from which the instant appeal was taken is certainly interlocutory. The primary question, therefore, and as we see it the only one presented, is whether the order is nevertheless appealable under either subparagraph (1) or (4) of § 1292 of Title 28 United States Code Annotated; the other subparagraphs of that section being clearly inapplicable.

The facts are fully stated in the memorandum opinion of the court below reported...

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