Gumer v. Shearson, Hammill & Co.
Court of Appeals for the Second Circuit
1Opinion of the Court
TIMBERS, Circuit Judge:
Max S. Gumer appeals from a judgment entered August 1, 1974 in the Western District of New York, Harold P. Burke, District Judge, dismissing his complaint as against defendant Shear-son, Hammill & Co., Inc. (Shearson), nunc pro tunc as of April 1, 1974. Judge Burke’s decision and order of April 1 had dismissed the complaint as against Shearson, one of four defendants, and had denied plaintiff leave to amend his complaint; but the April 1 order did not contain a Rule 54(b) certificate and was not a final order. On April 29, plaintiff filed a notice of appeal from the…
2Cases cited14 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
- Wilko v. SwanSupreme Court of the United States · 1953
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Fed. Sec. L. Rep. P 94,473 Maurice Shapiro v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1974
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