Marino v. Nevitt
Decision Date | 02 January 1963 |
Docket Number | No. 13972.,13972. |
Parties | Dominick MARINO, Appellant, v. Louis NEVITT, George Novitsky and Carl Lake, Individually and as Officers and Directors of N & L, Inc., a Pennsylvania Corporation, and N & L, Inc., Appellees. |
Court | U.S. Court of Appeals — Third Circuit |
Harry Alan Sherman, Pittsburgh, Pa., for appellant.
Joseph Martin Gelman, Pittsburgh, Pa. (Saul Davis, Pittsburgh, Pa., on the brief), for appellees, Carl Lake and N & L, Inc.
Before GANEY and SMITH, Circuit Judges, and AUGELLI, District Judge.
The original complaint in this action is in one count and states a single claim for damages based on the alleged tortious conduct of the defendants. This complaint, although inartistically drawn, sufficiently alleges that the defendants, pursuant to an unlawful conspiracy and in furtherance of a scheme to defraud: injured the plaintiff in his business, divested him of his interest in three separate contracts, and deprived him of personal property consisting of certain motor equipment. The contracts were with the Boroughs of West Homestead, White Oak and Forest Hills. The first of these contracts was with the plaintiff individually and the others were with a partnership of which he was a member.
The action came before the court below on the motion of the defendants to dismiss the complaint for failure to state a claim upon which relief could be granted and, in the alternative, to dismiss certain allegations of the complaint. The court heard argument and thereafter filed its opinion and entered the following order:
The plaintiff filed an amended complaint, the allegations of which, with one exception, are identical with those contained in the original complaint.
The defendants again moved to dismiss the complaint and, in the alternative, to dismiss certain allegations thereof. The court heard argument and thereafter filed its opinion and entered an order, which is the same as the original in tenor and effect. The plaintiff promptly filed a "Supplemental Amended Complaint," to which the defendants addressed a motion for dismissal. A hearing on the motion is held in abeyance pending disposition of the present appeal.
While the action was still pending the court below, on motion of the plaintiff, entered an order which reads as follows:
The present appeal followed the entry of this last order.
We do not reach the questions raised on this appeal because we are of the view that the order and the judgment entered pursuant thereto are not appealable at this time. The normal jurisdiction of courts of appeals is limited to the review of final...
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