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AUSTRACAN, (U.S.A.) INC. v. M/V LEMONCORE

No. 73-2561.

500 F.2d 237 (1974)

AUSTRACAN, (U.S.A.) INC., et al., Plaintiffs-Appellants, v. M/V LEMONCORE, etc., and Maritime Fruit Carriers et al., Defendants. REFRIGERATED EXPRESS LINE, (A/ASIA) PTY. LTD., etc., et al., Defendants-Third-Party Plaintiffs-Appellants, v. CENTRAL COLD STORAGE, INC., and Harrington & Company, Inc., Third-Party Defendants-Appellees (two cases). BAJALAD & COMPANY, Plaintiff-Appellant, v. MARITIME FRUIT CARRIERS et al., Defendants.

United States Court of Appeals, Fifth Circuit.

August 30, 1974.

Attorney(s) appearing for the Case

Harry Zuckerman, Miami, Fla., for Austracan (U.S.A.) et al.

Frank J. Marston, Miami, Fla., for Refrigerated Express Line.

A. Dan Killian, Jr., Miami, Fla., for Central Cold Storage, Inc.

John H. Schulte, Miami, Fla., for Harrington & Co., Inc.

Myers, Kaplan, Porter, Levinson & Kenin, Miami, Fla., for Nat. Cold Storage.

Dixon, Dixon, Lane & Mitchell, Miami, Fla., for Maritime Fruit Carriers.

Reginald M. Hayden, Jr., Miami, Fla., for John Thallon & Co. et al.

Pallot, Poppell, Goodman & Shapo, Miami, Fla., for Borthwick & Sons.

Pozen, Pestcoe, Gold, Gold & Minsker, Miami, Fla., Watkins & Daniells, Atlanta, Ga., for Refrigerated Transport.

Before TUTTLE, COLEMAN and AINSWORTH, Circuit Judges.

COLEMAN, Circuit Judge.

Finality is a condition of federal appellate review, so written into the first Judiciary Act. It has been departed from only when its observance would practically defeat the right to any review at all. From the very beginning, piecemeal disposition of what, for practical purposes, is a single controversy has been forbidden. See Cobbledick v. United States, 309 U.S. 323, 60 S.Ct. 540, 84 L.Ed. 783 (1939); 28 U...

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