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USM CORP. v. GKN FASTENERS LTD.

No. 77-1433.

578 F.2d 21 (1978)

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

United States Court of Appeals, First Circuit.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Gerald D. Hosier, Hosier, Niro & Daleiden, LTD., Chicago, Ill., and Chaplin, Barzun & Casner, Boston, Mass., for appellant on motion for order directing a determination on the merits of appeal.

Gael Mahony, Boston, Mass., Gilbert B. Kaplan, Hill & Barlow, Boston, Mass., Victor S. Friedman, and Fried, Frank, Harris, Shriver & Jacobson, New York City, for appellee in opposition to motion.

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

BOWNES, Circuit Judge.

We face the unusual issue of the retroactive effect of amended pleadings on the jurisdiction of this court. On April 6, 1978, we ruled that no jurisdiction lay with the court of appeals to entertain an appeal from a stay order issued on August 8, 1977, by the district court. USM Corp. v. GKN Fasteners, Ltd., 574 F.2d 17 (1st Cir., 1978). We now rule, for reasons which we discuss below, that the pleadings...

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