Bush v. Leach

• Decision Date: 01 November 1927
• Docket Number: No. 50.,50.
• Citation: Bush v. Leach, 22 F.2d 296 (2nd Cir. 1927)
• Parties: BUSH et al. v. LEACH et al.
• Court: U.S. Court of Appeals — Second Circuit

22 F.2d 296 (1927)

BUSH et al. v. LEACH et al.

No. 50.

Circuit Court of Appeals, Second Circuit.

November 1, 1927.

A. Gordon Murray, of New York City (Charles H. Kelby and John B. Doyle, both of New York City, of counsel), for plaintiffs in error.

Elmer W. Maher, of New York City, appearing specially for defendants in error.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

This appeal seeks to review an order which dismissed the complaint as against the individual defendants Arthur B. Leach and C. Bruce Campbell. No final judgment has been entered in the court below, as the action is still pending there and is undetermined as to A. B. Leach & Co., Inc., and Philip J. Reilly. The appeal must be dismissed, upon the authority of Hohorst v. Hamburg Co., 148 U. S. 262, 13 S. Ct. 590, 37 L. Ed. 443; General Electric Co. v. Allis-Chalmers Co., 194 F. 413 (C. C. A. 3d); Electric Pro. Co. v. American Bank Pro. Co., 184 F. 924 (C. C. A. 8th); Cay v. Vereen, 144 F. 839 (C. C. A. 5th); Menge v. Warriner, 120 F. 816 (C. C. A. 5th).

Appeal dismissed.