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U.S. Court of Appeals for the Second Circuit, 1961

Kern v. Hettinger

Kern v. Hettinger
U.S. Court of Appeals for the Second Circuit · Decided May 24, 1961
290 F.2d 585 (Federal Reporter, Second Series)

Counsel

Eleanor Jackson Piel, New York City (Donner, Kinoy, Perlin & Piel, New York City, of counsel), for plaintiff-appellant., Royall, Koegel & Rogers, New York City (John F. Caskey, Herbert C. Earn-shaw, Donald A. Krenz, New York City, of counsel), for respondent Hettinger., Milbank, Tweed, Hope & Hadley, New York City (A. Donald MacKinnon, Arthur V. Savage, New York City, of counsel), for Chase Manhattan Bank and Chemical Corn Exchange Bank.

Kern v. Hettinger

Opinion of the Court

PER CURIAM.

When the within appeal was calendared for argument we examined the record filed by appellant. It clearly appears from that record that the appeal is premature inasmuch as the complaint sets forth a single claim for relief against multiple party defendants and there has been no final determination below as to one of these defendants.

Appeal dismissed for lack of appellate jurisdiction. Mull v. Ackerman, 2 Cir., 1960, 279 F.2d 25; Goldlawr, Inc. v. Hei-man, 2 Cir., 1959, 273 F.2d 729.

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