Legal Opinion · Dissent

Build of Buffalo, Inc. v. Frank A. Sedita, as Mayor and Chief Executive of the City of Buffalo

Court of Appeals for the Second Circuit

Decided April 13, 1971No. 484, Docket 34886Published

1DissentAnderson, Circuit Judge

(dissenting) :

I dissent from the majority’s determination that the order from which Build of Buffalo Inc. has appealed is an interlocutory order refusing an injunction, appealable under 28 U.S.C. § 1292 (a) (1).1 This holding conflicts with a recent decision by another panel of this court, McMillan v. Board of Education, 430 F.2d 1145 (2 Cir. 1970),2 and involves a needless extension of appellate jurisdiction over an order that exhibits none of the potential harm to the litigants which § 1292(a) (1) was designed to alleviate.

This appeal is another example of the not infrequent tendency of…

2Cases cited38 opinions

Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
John K. Rains v. Cascade Industries, IncCourt of Appeals for the Third Circuit · 1968
Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932

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