Legal Opinion
Cmax, Inc., Also D. B. A. City Messenger of Hollywood and City Messenger Air Express v. Drewry Photocolor Corporation
Court of Appeals for the Ninth Circuit
Decided October 24, 1961No. 17298_1PublishedCited by 45 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge.
In this matter, we do not reach the merits because we have concluded that the “judgment” from which the appeal is taken is not final under Rule 54(b), F.R.Civ.P., 28 U.S.C. and is not appeal-able under 28 U.S.C. § 1291.
The complaint which was filed December 15, 1959, is in two counts. The first alleges' that appellant corporation (plaintiff) is an “Air Freight Forwarder” as defined in 14 C.F.R. § 296.2(a), that it filed with the Civil Aeronautics Board its printed tariffs, as required by 49 U.S.C.A. § 1373 and 14 C.F.R. 221.3(a), that it received certain shipments from…
2Cases cited14 opinions
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
- Gold Seal Co. v. Weeks, Secretary of CommerceCourt of Appeals for the D.C. Circuit · 1954
- Cott Beverage Corporation v. Canada Dry Ginger Ale IncorporatedCourt of Appeals for the Second Circuit · 1957
- Wright v. GibsonCourt of Appeals for the Ninth Circuit · 1942
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
- Cmax, Inc. v. HallCourt of Appeals for the Ninth Circuit · 1962
- Cmax, Inc. v. HallCourt of Appeals for the Ninth Circuit · 1962
- Professor Harriet Spiegel v. The Trustees of Tufts CollegeCourt of Appeals for the First Circuit · 1988
- Fed. Sec. L. Rep. P 98,191 General Acquisition, Inc. v. Gencorp, Inc., Shearson Lehman Brothers, Inc., Wagner & BrownCourt of Appeals for the Sixth Circuit · 1994
40 more not listed; retrieve them via the Exa API.