G. K. W., Inc. v. Philco Corp.
Court of Appeals for the Second Circuit
1Per curiam
In these two antitrust and price-discrimination actions, the district court has entered orders of dismissal for failure to prosecute, which, however, in one case have left the action standing as to one partnership plaintiff and both defendants, and in the other case as to one partnership plaintiff and one defendant. In neither case did the court enter the determination and direction for entry of judgment requisite for finality under the express language of F.R. 54(b). Without that the judgments are not appealable. See 3 Barron & Holtzoff, Federal Practice and Procedure § 1193.2 and note 56.9…
2Cases cited1 opinion
- Goldlawr, Inc. v. Marcus Heiman, Select Operating Corporation and United Booking Office, Inc., and Milton Shubert, William Klein and Sylvia W. GoldeCourt of Appeals for the Second Circuit · 1960
3Cited by2 opinions
- G. K. W., Inc., and Abe Friedel v. Philco Corporation, Benjamin Katzoff v. Admiral CorporationCourt of Appeals for the Second Circuit · 1960
- Way v. WallachOhio Court of Appeals · 1972