United Porto Rican Sugar Co. v. Del Toro

BINGHAM, Circuit Judge.

In our opinion in United Porto Rican Sugar Co. v. Fernando del Toro Saldana, 74 F. (2d) 409, filed December 19, 1934, we held that the decree entered November 12, 1932, as of October 19, 1932, was not a final decree; that no appeal from it under section 128 of the Judicial Code lay to this court; and dismissed the cause for want of jurisdiction. The decree was not final in that it failed to dispose of the question of damages sought by the cross-bill and as to which there was evidence.

*15Since the dismissal of the appeal, the cross-petitioner has moved in the District Court…