U.S. Court of Appeals for the Third Circuit, 1965

Murphy v. Helena Rubenstein Co.

U.S. Court of Appeals for the Third Circuit · Decided December 8, 1965

355 F.2d 553 (Federal Reporter, Second Series)

Counsel

Arthur E. Bailen, Camden, N. J., for appellants in No. 15,184 and for appel-lee in No. 15,185., Sidney P. McCord, Jr., Haddonfield, N. J. (McCord, Farrell, Eynon & Mun-yon, Haddonfield, N. J., on the brief), for appellee in No. 15,184 and for appellants in No. 15,185.

Cases that cite this one

8 later published cases cite this decision.

Dawn Ball v. Dr. Famiglio (3d Cir. 2010)
Epting v. Precision Paint & Glass, Inc. (Ark. 2003)
Joseph v. Office Of The Consulate General Of Nigeria (9th Cir. 1987)
Joseph v. Office of the Consulate General of Nigeria (9th Cir. 1987)
Davis v. Mitchell (N.C. Ct. App. 1980)
Allen v. Cole Realty, Inc. (Me. 1974)
Giarrusso v. Corrigan (R.I. 1971)
Bettie Murphy v. Helena Rubenstein Company (3d Cir. 1965)

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:

On motion, the district court entered an order vacating a default judgment and at the same time refusing to quash, service. At this intermediate stage of the litigation the plaintiffs have appealed from the vacating of the default judgment and the defendants have taken a cross-appeal from the refusal to quash service.

We have recently held that an order vacating a default judgment is not final within the meaning of section 1291 of Title 28, United States Code, and, therefore, cannot support an immediate appeal. Crowe v. Ragnar Benson, Inc., 1962, 307 F.2d 73. Similarly, a refusal to quash service is not an appealable final order.

The appeal and the cross-appeal will be dismissed for lack of jurisdiction.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.