The motions to dismiss the appeals from the United States District Court for the Southern District of New York for lack of jurisdiction are denied. The cross-motion to allow the plaintiffs an additional thirty days in which to file their briefs is granted.

The decision of the Third Circuit in Hackett v. General Host Corporation, 455 F.2d 618 (3 Cir. 1972), refusing to follow our death knell doctrine, enhances the doubts which I expressed in Korn v. Franchard Corp., 443 F.2d 1301, 1307 (2 Cir. 1971). However, since a petition for certiorari has been filed with respect to Hackett, there is hope that this issue will be settled by the highest authority. I therefore concur.