194 F.2d 529 (2nd Cir. 1952), 160, McGrath v. Hunt, Hill & Betts

Docket Nº:160, 22199.
Citation:194 F.2d 529
Party Name:McGRATH, Attorney General, v. HUNT, HILL & BETTS.
Case Date:February 27, 1952
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 529

194 F.2d 529 (2nd Cir. 1952)

McGRATH, Attorney General,



Nos. 160, 22199.

United States Court of Appeals, Second Circuit.

February 27, 1952

Argued Feb. 7, 1952.

Harold I. Baynton, Asst. Atty. Gen., Myles J. Lane, U.S. Atty., New York City, James D. Hill, George B. Searls, Washington, D.C., and John F. Cushman, Attorneys, Department of Justice, for appellant.

Hunt, Hill & Betts, New York City, George Whitefield Betts, Jr., James E. Bennet, Jr., and Helen F. Tuohy, all of New York City, of counsel, for appellee.

Before SWAN, Chief Judge, and L. HAND, and CLARK, Circuit Judges.


This is an appeal from an order in a proceeding under section 17 of the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 17. The case was heard upon the petition, answer and supporting affidavits. The order denied the petitioner's application that the respondent be forthwith directed to pay over $5, 000 in compliance with a Vesting Order and Turn Over Directive issued by the petitioner and served upon the respondent. Before reaching the merits of the appeal this court must determine its own jurisdiction. Section 17 gives 'a right of appeal from the final order or decree' of the district court as provided in sections 128 and 238 of the Act of March 3, 1911. These sections now appear as sections 1291-1983 of Title 28. It is clear from the district court's opinion that the order on appeal is not a final order. 1 Denial of a motion for summary judgment is not an appealable order. In re Finkelstein, 2 Cir., 102 F.2d 688, 689; Marcus Breier Sons v. Marvlo Fabrics, 2 Cir., 173 F.2d 29; Morgenstern Chemical Co. v. Schering Corp., 3 Cir., 181 F.2d 160, 161. Accordingly the appeal...

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