Legal Opinion

Gumer v. Shearson, Hammill & Co.

Court of Appeals for the Second Circuit

Decided December 16, 1974No. Nos. 172, 618, Dockets 74-1643, 74-2193PublishedCited by 81 opinions

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

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  3. Wilko v. SwanSupreme Court of the United States · 1953
  4. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  5. Fed. Sec. L. Rep. P 94,473 Maurice Shapiro v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Second Circuit · 1974

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

3Cited by81 opinions

  1. Josiah Haynesworth and Fred Hancock v. Frank P. Miller, Chief, Law Enforcement Section, Office of the Corporation Counsel, (Two Cases)Court of Appeals for the D.C. Circuit · 1987
  2. Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
  3. Jackler v. ByrneCourt of Appeals for the Second Circuit · 2011
  4. St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
  5. Karl Parker, Jr. v. The Baltimore and Ohio Railroad Company T/a the Chessie System the B & O RailroadCourt of Appeals for the D.C. Circuit · 1981

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