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MARCO v. DULLES

No. 312, Docket 25543.

268 F.2d 192 (1959)

William MARCO, as Administrator, etc., Plaintiff, v. John Foster DULLES et al., Defendants-Appellees, and Ridge Realization Corporation, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 22, 1959.

Attorney(s) appearing for the Case

Fennelly, Eagan, Nager & Lage, New York City, Leo C. Fennelly, New York City, of counsel, for appellant.

Sullivan & Cromwell, New York City, Milton Pollack, New York City, of counsel, for appellees.

Before SWAN, HINCKS, and MOORE, Circuit Judges.

SWAN, Circuit Judge.

Judge Bryan's opinion denying the motion is reported in 169 F.Supp. 622. In taking its appeal appellant relied upon Harmar Drive-In Theatre, Inc. v. Warner Bros. Pictures, 2 Cir., 239 F.2d 555, rehearing denied 241 F.2d 937, certiorari denied 355 U.S. 824, 78 S.Ct. 31, 2 L.Ed. 2d 38, as establishing that the order was appealable. Subsequent...

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