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

Henvey v. Briscoe

U.S. Court of Appeals for the Second Circuit · Decided March 5, 1958

253 F.2d 484 (Federal Reporter, Second Series)

Counsel

Edward B. Willing, Mount Vernon, N. Y. (William E. Zarnfaller, Mount Vernon, N. Y., on the brief), for plaintiffs-appellants., James S. Hayden, New York City (Bivin & Welch, New York City, on the brief), for defendants-appellees.

Cases that cite this one

1 later published case cites this decision.

Ackert v. Bryan (2d 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.

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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