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

Henvey v. Briscoe

Henvey v. Briscoe
U.S. Court of Appeals for the Second Circuit · Decided March 5, 1958
253 F.2d 484 (Federal Reporter, Second Series)

Henvey v. Briscoe

Opinion of the Court

PER CURIAM.

This appeal from an order of the District Court for the Southern District of New York, Lawrence E. Walsh, Judge, denying plaintiff’s motion to transfer the action pursuant to 28 U.S.C.A. § 1404 (a), was dismissed'in open court because such order is interlocutory and not ap-pealable. The dismissal is without prejudice to any other proceedings which the plaintiffs may wish to bring with respect to the question. See Ford Motor Co. v. Ryan, 2 Cir., 1950, 182 F.2d 329; Magnetic Engineering & Mfg. Co. v. Dings Mfg. Co., 2 Cir., 1950, 178 F.2d 866, 868-869.

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