U.S. Court of Appeals for the Tenth Circuit, 1962

Schramm v. Murdock-Salyer Chevrolet Co.

U.S. Court of Appeals for the Tenth Circuit · Decided December 19, 1962

312 F.2d 249 (Federal Reporter, Second Series)

Counsel

Pete V. Domenici, Albuquerque, N. M. (Gino J. Matteucci and Richard C. Civerolo, Albuquerque, N. M., were with him on the brief), for appellants., Jackson G. Akin, of Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., for appellees Murdock-Salyer Chevrolet Co. and Garth Cameron., Michael L. Keleher, Albuquerque, N. M. (W. A. Keleher, A. H. McLeod and Russell Moore, Albuquerque, N. M., were with him on the brief), for appellees Stanley Oakes and Midtown Motors, Inc., Joseph B. Zucht, Albuquerque, N. M. (Joseph G. Whitehouse, Albuquerque, N. M., was with him on the brief), for appellees B. A. Todkill and Todkill Lincoln-Mercury, Inc., Vance Mauney, of Botts, Botts & Mauney, Albuquerque, N. M. (Gerald R. Cole, Santa Fe, N. M., was with him on the brief), for appellee Cooper Oldsmobile, Inc.

Cases that cite this one

3 later published cases cite this decision. The 2 that cite it most often are listed here.

Schramm v. Oakes (10th Cir. 1965)
Schramm v. Murdock-Salter Chevrolet Company (10th Cir. 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The motion to dismiss the appeal is sustained because the record contains no final judgment disposing of the claim asserted by the appellants against the appellees. We suggest that on remand the district court reconsider its order on the motions to quash in the light of such decisions as Land v. Dollar, 330 U.S. 731, 735, 67 S.Ct. 1009, 91 L.Ed. 1209; and Fireman’s Fund Insurance Company v. Railway Express Agency, 6 Cir., 253 F.2d 780, 784; and in the light of the principles stated in 1A Barron & Holtzoff, Federal Practice and Procedure, § 355, p. 352; and 2 Moore’s Federal Practice, § 12.16, p. 222 of 1961 supplement. Time for appeal of any judgment entered after remand shall run from the entry of that judgment.

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