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McLEARN v. COWEN & CO.

No. 1465, Docket 81-7146.

660 F.2d 845 (1981)

Mildred A. McLEARN, Plaintiff-Appellant, v. COWEN & CO. and Merrill Lynch Pierce Fenner & Smith, Incorporated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Roy M. Cohn, New York City (John A. Kiser, Saxe, Bacon & Bolan, P.C., New York City, of counsel), for plaintiff-appellant.

Roger J. Hawke, New York City (Brown, Wood, Ivey, Mitchell & Petty, Willkie, Farr & Gallagher, New York City, of counsel), for defendants-appellees.

Before LUMBARD and MESKILL, Circuit Judges, and LASKER, District Judge.

LUMBARD, Circuit Judge:

The plaintiff, Mildred A. McLearn, appeals from a 1980 order of the Southern District of New York that denied her motion under Fed.R.Civ.P. 60(a) to clarify a 1976 judgment dismissing her complaint. Plaintiff sought clarification that the dismissal of her cause of action under state law was not on the merits so that she would be free to pursue that claim under state law in the New York state courts. The district court denied plaintiff's motion...

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