Republic of China v. American Express Co., Inc.

FRANK, Circuit Judge.

1. Plaintiffs brought suit against but one defendant, the Express Company. The order, from which plaintiffs appeal, discharged that sole defendant “from any and all liability” to the plaintiffs. Thus there ended the plaintiffs’ action against the only person they had sued. As the district judge said in his opinion, the effect of the order is that, “for all practical purposes,” the Express Company has become “merely an indifferent bystander.” 1 [95 F.Supp. 744.] Such an order clearly seems, on its face, final and appealable. But the Express Company argues that it is not…