U.S. Court of Appeals for the D.C. Circuit, 1943

Levy v. Levy

U.S. Court of Appeals for the D.C. Circuit · Decided May 10, 1943 · Arnold, Edgerton, Eicher

135 F.2d 663; 77 U.S. App. D.C. 382; 1943 U.S. App. LEXIS 3347 (Federal Reporter, Second Series)

Counsel

Mr. Jacob N. Halper, of Washington, D. C., with whom Mr. Jack Politz, of Washington, D. C., was on the brief, for .appellant., Messrs. Israel J. Mendelson, Joseph T. •Sherier, and J. Allen Sherier, all of Washington, D. C., for appellees.

Cases that cite this one

1 later published case cites this decision.

Frank Gunther Et Ux. And Ethel and Oscar Heath v. E. I. Du Pont De Nemours & Company (4th Cir. 1958)

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.

Federal Rules of Civil Procedure, rule 73(b), 28 U.S.C.A. following section 723c, requires that a notice of appeal “designate •the judgment or part thereof appealed from.” Appellants wholly failed to comply -with this requirement. In some cases this would be a formal and not necessarily fatal . defect.1 But in this case orders of various sorts were entered at various times, and the -defect makes it impossible to decide either whether the appeal is timely or whether -it is from an appealable order. Since the .appeal, in any view, is without merit, it would be gratuitous to make assumptions in order to find that it is properly before us.

Appeal dismissed.

Cf. Shannon v. Retail Clerks International Protective Ass’n, 7 Cir., 128 F.2d 553; Rosenberg v. Union Trust Co. of Rochester, 259 N.Y. 123, 181 N.E. 71.

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