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Porter, Price Administrator v. American Distilling Co.

November 4, 1946

PORTER, PRICE ADMINISTRATOR,
v.
AMERICAN DISTILLING CO., INC., ET AL



Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

Per Curiam.

The dismissal of Count 3 only affected certain of the many defendants who were sued jointly upon that count. The orders left Count 3 undisposed of as to various other defendants sued jointly and were not therefore final and hence not appealable. Hohorst v. Hamburg-American Packet Co., 148 U.S. 262, 13 S. Ct. 590, 37 L. Ed. 443. Studer v. Moore, 2 Cir., 153 F.2d 902; Hunteman v. New Orleans Public Service, 5 Cir., 119 F.2d 465; cf. Reeves v. Beardall, 316 U.S. 283, 286, 62 S. Ct. 1085, 86 L. Ed. 1478.

Appeals dismissed.

19461104

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