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SCHINE v. SCHINE

No. 117, Docket 30614.

367 F.2d 685 (1966)

Martha R. SCHINE, Donald G. Schine and Dorene S. Higier, in their individual capacities and as Executors and Trustees under the Will of Louis W. Schine, Deceased, Plaintiffs-Appellees, v. J. Myer SCHINE, G. David Schine and C. Richard Schine, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 26, 1966.

Attorney(s) appearing for the Case

Walter S. Beck, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, and Neil A. Pollio, New York City, on the brief), for plaintiffs-appellees.

Herman L. Weisman, New York City (Amen, Weisman & Butler, and Robert S. Persky and Herbert F. Roth, New York City, on the brief), for C. Richard Schine, appellant.

Simon H. Rifkind and Edward N. Costikyan, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief for J. Myer Schine, appellant.

Before LUMBARD, Chief Judge, and FRIENDLY and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

The defendants appeal from an order of Judge Frankel in the District Court for the Southern District of New York which denied their motion for a prior separate trial of their counterclaim for an injunction against the trial of plaintiffs' action on the ground that it is barred by a release. We hold that the order is not appealable, and dismiss the appeal.

This action stems from the sale by plaintiffs, all members of the Schine family...

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