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USM CORP. v. GKN FASTENERS, LTD.

No. 77-1433.

574 F.2d 17 (1978)

USM CORPORATION, Plaintiff-Appellant, v. GKN FASTENERS, LIMITED, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided April 6, 1978.

Motion Denied July 12, 1978.

Attorney(s) appearing for the Case

Gerald D. Hosier, Chicago, Ill., with whom Raymond P. Niro, Hosier, Niro & Daleiden, Ltd., Chicago, Ill., Ansel B. Chaplin, Chaplin, Barzun & Casner and Richard B. Megley, Boston, Mass., were on brief, for plaintiff-appellant.

Gael Mahony, Boston, Mass., with whom Winifred I-Bin Li, Hill & Barlow, Boston, Mass., Victor S. Friedman and Fried, Frank, Harris, Shriver & Jacobson, New York City, were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

Motion Denied July 12, 1978. See 578 F.2d 21.

BOWNES, Circuit Judge.

In this action, we must first determine whether the shoals of the finality doctrine and the Enelow-Ettelson rule1 have effectively scuttled the appeal of USM to this court.

Plaintiff-appellant USM filed suit in Massachusetts Suffolk County Superior Court for breach of contract...

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