Legal Opinion
East Erie Commercial R. v. Denial
Court of Appeals for the Third Circuit
Decided July 11, 1933No. 5065PublishedCited by 5 opinions
1Per curiam
In the final analysis, this is an appeal from an order of the court below granting a new trial. The trial judge felt he had tried the case under a mistaken view of a Supreme Court decision and therefore felt constrained to grant a new trial. See Fairmount Glass Works v. Cub Fork Coal Co., 287 U. S. 474, 53 S. Ct. 252, 77 L. Ed. 439. It is thus seen there is no final judgment from which an appeal lies. Consequently it is dismissed, and the cause remanded for due procedure.
2Cases cited1 opinion
- Fairmount Glass Works v. Cub Fork Coal Co.Supreme Court of the United States · 1933
3Cited by5 opinions
- Frank Mercantile Corp. v. Prudential Ins. Co. of AmericaCourt of Appeals for the Third Circuit · 1940
- Libby, McNeill & Libby v. MalmskoldCourt of Appeals for the Ninth Circuit · 1940
- Long v. DavisCourt of Appeals for the Ninth Circuit · 1948
- Phillips v. Marvin's Credit, Inc.District of Columbia Court of Appeals · 1944
- De Grazia v. AndersonDistrict of Columbia Court of Appeals · 1948