Legal Opinion
Ford Motor Co. v. Ryan. Ferguson v. Ford Motor Co.
Court of Appeals for the Second Circuit
Decided May 8, 1950No. 21601_1PublishedCited by 266 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. The order, refusing to direct the transfer pursuant to 28 U.S.C.A. § *3301404(a), is interlocutory and not appealable.1 Cohen v. Beneficial Indus. Loan Corp. 337 U.S. 541, 546-547, 69 S.Ct. 1221, is not in point, for there is absent here a “final disposition of a claimed right which is not an ingredient of the cause of action and does not require consideration with it.”
2. Judge Swan thinks we have no power to grant a writ of mandamus. Judge Hand and I think this the kind of interlocutory order ■ with which this court can properly deal by way of such a writ, since…
2Cases cited14 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Ex Parte PetersonSupreme Court of the United States · 1920
- Ex Parte CollettSupreme Court of the United States · 1949
9 more not listed; retrieve them via the Exa API.
3Cited by266 opinions
- Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
- Securities and Exchange Commission v. Savoy Industries, Inc. Appeal of S. Mort ZimmermanCourt of Appeals for the D.C. Circuit · 1978
- In the Matter of Emanuel JosephsonCourt of Appeals for the First Circuit · 1954
- Filmline (Cross-Country) Productions, Inc. And Yellowbill Finance Limited v. United Artists CorporationCourt of Appeals for the Second Circuit · 1989
- Francis Schertenleib v. Jerome S. TraumCourt of Appeals for the Second Circuit · 1978
261 more not listed; retrieve them via the Exa API.