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RAO v. PORT OF NEW YORK AUTHORITY

No. 110, Docket 23229.

222 F.2d 362 (1955)

Channapragada S. RAO, also known as Rao S. Channapragada, Plaintiff-Appellant, v. The PORT OF NEW YORK AUTHORITY, Defendant-Appellee, and Parking Lot Associates Corporation, a California corporation, Defendant.

United States Court of Appeals Second Circuit.

Decided May 2, 1955.

Attorney(s) appearing for the Case

Leon Weinstock, New York City (Julian Buchbinder, New York City, of counsel), for appellant.

Sidney Goldstein, New York City (Daniel B. Goldberg, New York City, of counsel, Ralph W. Felsten and Howard Stamer, New York City, on the brief), for appellee.

Before MEDINA and HINCKS, Circuit Judges, and BURKE, District Judge.

PER CURIAM.

The case is properly before us, by reason of the new notice of appeal filed after the district judge had issued the certificate under Rule 54(b), Fed. Rules Civ.Proc. 28 U.S.C.A., which is necessary to give us jurisdiction.

This brings us to the question whether the subject-matter of the order was within Rule 54(b), or whether, as the appellee contends, the order below, dismissing the complaint against the Port Authority, disposed only of part...

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