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CMAX, INC. v. DREWRY PHOTOCOLOR CORPORATION

No. 17298.

295 F.2d 695 (1961)

CMAX, INC., also D. B. A. City Messenger of Hollywood and City Messenger Air Express, Appellant, v. DREWRY PHOTOCOLOR CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

October 24, 1961.

Attorney(s) appearing for the Case

Phil Jacobson, H. J. Bischoff, by H. J. Bischoff, Los Angeles, Cal., for appellant.

Dunlap, Holmes, Ross & Woodson, Pasadena, Cal., for appellee.

Before BARNES, JERTBERG and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

In this matter, we do not reach the merits because we have concluded that the "judgment" from which the appeal is taken is not final under Rule 54(b), F.R.Civ.P., 28 U.S.C. and is not appealable under 28 U.S.C. § 1291.

The complaint which was filed December 15, 1959, is in two counts. The first alleges that appellant corporation (plaintiff) is an "Air Freight Forwarder" as defined in 14 C.F.R. § 296.2(a), that it filed with...

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