Nathan Chanofsky v. The Chase Manhattan Corporation

VAN GRAAFEILAND, Circuit Judge:

Plaintiff appeals from a final judgment entered against him on the law and the facts following the argument of what started out to be a Fed.R.Civ.P. 12(b)(6) motion to dismiss for failure to state a claim combined with an alternative Fed.R.Civ.P. 56 motion for summary judgment. At the end of the argument, the District Judge concluded that the parties were submitting the case to him for final decision on the facts contained in the affidavits and disposed of it on the merits, holding for defendant because he found plaintiff had suffered no damage. Because we think…