Legal Opinion
Forstner Chain Corp. v. Marvel Jewelry Mfg. Co.
Court of Appeals for the First Circuit
Decided November 10, 1949No. 20-1086PublishedCited by 46 opinions
1Opinion of the Court
MAGRUDER, Chief Judge.
No. 4425 presents an unusual situation. The appeal is from a ruling or order denying a motion to enter final judgment dismissing a complaint in a patent suit, this motion having been made by the losing plaintiff, Forstner Chain Corporation, on the theory that the granting of such motion was a prerequisite to the taking of an appeal. At first blush, an order of this sort might seem not to be a “final decision” appealable under 28 U.S.C.A. § 1291. Under the special circumstances, which we shall summarize below, we hold that the order is a “final decision”. However, on the…
2Cases cited18 opinions
- Parker v. United StatesCourt of Appeals for the First Circuit · 1946
- Loeb v. Columbia Township TrusteesSupreme Court of the United States · 1900
- United States v. HarkSupreme Court of the United States · 1944
- Commissioner v. Estate of BedfordSupreme Court of the United States · 1945
- Ekberg v. United StatesCourt of Appeals for the First Circuit · 1948
13 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- United States v. F. & M. Schaefer Brewing Co.Supreme Court of the United States · 1958
- Powe v. MilesCourt of Appeals for the Second Circuit · 1968
- Antonio Paliaga v. Luckenbach Steamship Company, and Third-Party v. Turner & Blanchard, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1962
- Richard C. Fiore v. Washington County Community Mental Health CenterCourt of Appeals for the First Circuit · 1992
- Powe v. MilesCourt of Appeals for the Second Circuit · 1968
41 more not listed; retrieve them via the Exa API.