Legal Opinion

Western Electric Co. v. Pacent Reproducer Corporation

Court of Appeals for the Second Circuit

Decided January 13, 1930No. 169PublishedCited by 25 opinions

1Opinion of the Court

SWAN, Circuit Judge.

As the jurisdiction of this court depends upon the finality of the order appealed from, it is the duty of the court to consider this question of its own volition, although the appellees have not raised it. Collins v. Miller, 252 U. S. 364, 40 S. Ct. 347, 64 L. Ed. 616; United States ex rel. Patti v. Curran, 18 F.(2d) 953 (C. C. A. 2); City and County of San Francisco v. McLaughlin, 9 F.(2d) 390 (C. C. A. 9).

It is impossible to consider this order as immediately making a final disposition of the ease. Even though the words used are “Bill dismissed,” a condition, though not…

2Cases cited12 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Collins v. MillerSupreme Court of the United States · 1920
  3. Missouri & Kansas Interurban Railway Co. v. City of OlatheSupreme Court of the United States · 1911
  4. City and County of San Francisco v. McLaughlinCourt of Appeals for the Ninth Circuit · 1925
  5. Jones's Administrator v. CraigSupreme Court of the United States · 1888

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Oppenheimer v. F. J. Young & Co.Court of Appeals for the Second Circuit · 1944
  2. Western Electric Co. v. Pacent Reproducer CorporationCourt of Appeals for the Second Circuit · 1930
  3. Jung v. K. & D. Mining Co.Supreme Court of the United States · 1958
  4. Leonard v. Socony-Vacuum Oil Co.Court of Appeals for the Seventh Circuit · 1942
  5. Atwater v. North American Coal CorporationCourt of Appeals for the Second Circuit · 1940

20 more not listed; retrieve them via the Exa API.

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