William Marco, as Administrator, Etc. v. John Foster Dulles, and Ridge Realization Corporation

SWAN, Circuit Judge.

Judge Bryan’s opinion denying the motion is reported in 169 F.Supp. 622. In taking its appeal appellant relied upon Harmar Drive-In Theatre, Inc. v. Warner Bros. Pictures, 2 Cir., 239 F.2d 555, rehearing denied 241 F.2d 937, certiorari denied 355 U.S. 824, 78 S.Ct. 31, 2 L.Ed.2d 38, as establishing that the order was appealable. Subsequent to taking its appeal the case of Fleischer v. Phillips, 2 *193Cir., 264 F.2d 515, certiorari denied Fleischer v. Benjamin, 359 U.S. 1002, 79 S.Ct. 1139, was decided by this court. That case demonstrates that an order denying a motion to…