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SEABOARD MACHINERY CORP. v. SEABOARD MACHINERY CORP.

No. 30, Docket 24843.

267 F.2d 178 (1959)

SEABOARD MACHINERY CORPORATION (of Delaware) et al., Plaintiffs-Appellees, v. SEABOARD MACHINERY CORPORATION (of New Jersey) et al., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 26, 1959.

Attorney(s) appearing for the Case

Samuel B. Ohlbaum, New York City (Samuel Milberg and Henry Milberg, Jersey City, N. J., on the brief), for defendants-appellants.

Bert B. Rand, of Trammell, Rand & Nathan, Washington, D. C. (John Cye Cheasty, New York City, Charles M. Trammell and Hans A. Nathan, of Trammell, Rand & Nathan, Washington, D. C., on the brief), for plaintiffs-appellees.

Before CLARK, Chief Judge, and L. HAND and WATERMAN, Circuit Judges.

PER CURIAM.

In this action the district judge, after trial and verdict, has given judgment for the plaintiffs on two counts of the complaint, and dismissed another, while he has retained four counts and a counterclaim for later trial. He has made a finding that there is no just reason for delay, and has directed final judgment on the three counts upon which he has acted. This provides the formal basis for immediate appeal under F.R. 54(b) as amended, and defendants...

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