STATE OF N.Y. v. DAIRYLEA CO-OP. INC.

No. 467, Docket 82-7484.

698 F.2d 567 (1983)

STATE OF NEW YORK, Plaintiff-Appellant, v. DAIRYLEA COOPERATIVE INC. and Sal Fasulo, Defendants, and Dellwood Foods Inc., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 12, 1983.


Attorney(s) appearing for the Case

Richard Gabriele, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., Lloyd Constantine, Asst. Atty. Gen., New York City, of counsel), for plaintiff-appellant State of N.Y.

Daniel A. Ross, New York City (Stanley M. Kolber, Sheila P. Wasserman, Botein, Hays, Sklar & Herzberg, New York City, of counsel), for defendants-appellees Dellwood Foods, Inc.

Before FEINBERG, Chief Judge, and KAUFMAN and CARDAMONE, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

This appeal from Judge Owen's order, 547 F.Supp. 306, refusing to sanction a proposed settlement agreement between the State of New York and Dairylea Cooperative Inc.1 presents an issue of first impression in this Circuit. We are called upon to decide whether parties settling litigation may appeal, pursuant to 28 U.S.C. § 1292(a)(1),2

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