Ferro v. Railway Express Agency, Inc.

PALMIERI, District Judge.

In April, 1960 this court filed an opinion and order granting defendants’ motion to dismiss plaintiffs’ federal claim. S.D.N.Y., 183 F.Supp. 417. Plaintiffs’ right to pursue a state claim based upon the same operative facts was conditioned upon the filing of an appropriate pleading amendment within 30 days.

Plaintiffs did not amend their complaint but, before the 30 day time limit had expired and without requesting the entry of final judgment pursuant to Rule 54(b), Fed.R.Civ.P., 28 U.S.C.A., sought to appeal from the dismissal of “so much of the complaint as purported…