Legal Opinion

Earl Willametz v. Joseph Susi, and Hartford Accident and Indemnity Company, Trustee, and Anthony J. Orlando, Trustee

Court of Appeals for the First Circuit

Decided December 20, 1973No. 73-1267PublishedCited by 2 opinions

1Opinion of the Court

COFFIN, Chief Judge.

This is an appeal from an order which granted appellee Hartford’s motion to release certain funds which Hartford had originally deposited in the district court on condition that the court enjoin the enforcement of a New York judgment against it. While such an order has interlocutory aspects in that the action is still pending in the district court, see Louisiana National Bank v. Whitney, 121 U.S. 284, 7 S.Ct. 897, 30 L.Ed. 961 (1887), we subscribe to the rule of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), and treat…

2Cases cited14 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Shields v. BarrowSupreme Court of the United States · 1855
  3. Treinies v. Sunshine Mining Co.Supreme Court of the United States · 1940
  4. Harris v. BalkSupreme Court of the United States · 1905
  5. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924

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3Cited by2 opinions

  1. In Re AckerDistrict Court, District of Columbia · 2002
  2. In Re BouknightDistrict Court, District of Columbia · 2008

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