Legal Opinion
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 34886PublishedCited by 74 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
This interlocutory appeal reaches us in an awkward procedural posture. On March 13, 1970, Judge Henderson dismissed plaintiffs’ omnibus civil rights action (brought under 42 U.S.C. §§ 1981-1983, 1986, 1988-1990) as to three of many defendants for failure to state an actionable claim, F.R.Civ.P. 12(b) (6). The initial question is whether the order is appealable because it is undoubtedly not a final order, 28 U.S.C. § 1291, or whether it is maintainable nonetheless pursuant to 28 U.S.C. § 1292(a) (1) as an interlocutory order “refusing” an injunction. Since we…
2Cases cited11 opinions
- James Holmes v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1968
- Escalera v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1970
- General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
- Stewart-Warner Corporation v. Westinghouse Electric Corporation, and Canadian Westinghousecompany, Ltd., Intervenor-Defendant-AppellantCourt of Appeals for the Second Circuit · 1964
- Nancy Anne Spangler v. United States of America, Appellant-Intervenor v. Pasadena City Board of EducationCourt of Appeals for the Ninth Circuit · 1969
6 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Victaulic Co. v. TiemanCourt of Appeals for the Third Circuit · 2007
- Lipsky v. Commonwealth United Corp.Court of Appeals for the Second Circuit · 1976
- Melvin Carter v. John R. CarlsonCourt of Appeals for the D.C. Circuit · 1971
- Jones v. DiamondCourt of Appeals for the Fifth Circuit · 1975
- Martin McNally v. The Pulitzer Publishing Company and Ted GestCourt of Appeals for the Eighth Circuit · 1976
69 more not listed; retrieve them via the Exa API.