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

George Peterson v. Herman S. Moore

U.S. Court of Appeals for the Third Circuit · Decided May 13, 1958 · No. 12534 · Maris, Kalodner, Staley

254 F.2d 853; 1958 U.S. App. LEXIS 4124 (Federal Reporter, Second Series)

Counsel

John P. S. O’Connor, Pittsburgh, Pa. (Evans, Ivory & Evans, Pittsburgh, Pa., on the brief), for appellant., Sherman T. Rock, Pittsburgh, Pa. (Andrew C. Van Gorder, Paul, Lawrence & Rock, Pittsburgh, Pa., Joseph J. Lee, Clearfield, Pa., on the brief), for appel-lee.

Opinion

PER CURIAM.

The order granting a new trial from which the plaintiff has appealed is an interlocutory order and, therefore, not appealable. The court is accordingly without jurisdiction of the appeal.

The appeal will be dismissed without costs to either party.

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