Rao v. Port of New York Authority

The case is properly before us, by reason of the new notice of appeal filed after the district judge had issued the certificate under Rule 54(b), Fed. Rules Civ.Proc. 28 U.S.C.A., which is necessary to give us jurisdiction.

This brings us to the question whether the subject-matter of the order was within- Rule 54(b), or whether, as the appellee contends, the order below, dismissing the complaint against the Port Authority, disposed only of part of a single claim. As we read the complaint, the action was one in which the plaintiff sought to hold the Port Authority and its co-defendant jointly…