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East Erie Commercial R. Co. v. Denial

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT


July 11, 1933

EAST ERIE COMMERCIAL R. CO.
v.
DENIAL

Appeal from the District Court of the United States for the Western District of Pennsylvania; Nelson McVicar, Judge.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

Per Curiam.

In the final analysis, this is an appeal from an order of the court below granting a new trial. The trial judge felt he had tried the case under a mistaken view of a Supreme Court decision and therefore felt constrained to grant a new trial. See Fairmount Glass Works v. Cub Fork Coal Co., 287 U.S. 474, 53 S. Ct. 252, 77 L. Ed. 439. It is thus seen there is no final judgment from which an appeal lies. Consequently it is dismissed, and the cause remanded for due procedure.

19330711

© 1998 VersusLaw Inc.



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