U.S. Court of Appeals for the Second Circuit, 1958

Brande v. S. & S. Machinery Co.

U.S. Court of Appeals for the Second Circuit · Decided February 6, 1958

252 F.2d 297 (Federal Reporter, Second Series)

Counsel

Richard J. Stull, New York City (Stull & Stull and Robert A. Stull, New York City, on the brief), for plaintiff-appellant., Philip Novick, New York City (Seymour Stone and Philip Novick, New York City, on the brief), for defendants-appel-lees.

Cases that cite this one

2 later published cases cite this decision.

Miller v. City of Albuquerque (N.M. Ct. App. 1975)
Brande v. Machinery Co. (2d Cir. 1958)

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.

This was an action for the contract price of steel allegedly purchased by defendants. It appearing that the interests of justice required a temporary stay of proceedings for “a reasonable time.”’ within which to bring in Israel Epstein “as a conditionally necessary party,”' Judge Palmieri in the exercise of his discretion granted a stay for an unspecified “reasonable time,” and plaintiff appeals. We construe the order as providing that after the lapse of such “reasonable time,” plaintiff may move to vacate the stay and proceed with the action or defendants may move to dismiss the complaint. As thus construed, the order is plainly interlocutory and not appealable. It is in no sense an injunction but merely an administrative order regulating the progress of the ease. Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.