Peoples Bank v. Federal Reserve Bank of San Francisco, 11002.
| Decision Date | 29 June 1945 |
| Docket Number | No. 11002.,11002. |
| Citation | 149 F.2d 850 |
| Parties | PEOPLES BANK v. FEDERAL RESERVE BANK OF SAN FRANCISCO et al. FEDERAL RESERVE BANK OF SAN FRANCISCO v. PEOPLES BANK. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Sanner, Fleming & Irwin, of Los Angeles, Cal., Willkie, Owen, Otis, Farr & Gallagher, of New York City, and Kenneth M. Johnson, of San Francisco, Cal. (Carl M. Owen, of New York City, John Amos Fleming, of Los Angeles, Cal., and Kenneth M. Johnson, of San Francisco, Cal., of counsel), for Peoples Bank.
Albert C. Agnew and John A. O'Kane, both of San Francisco, Cal., for Federal Reserve Bank of S. F.
Frank J. Hennessy, U. S. Atty., and W. E. Licking, Asst. U. S. Atty., both of San Francisco, Cal., George B. Vest, Gen.Atty., Board of Governors of Federal Reserve System, of Washington, D. C., and Robertson, Leachman, Payne, Gardere & Lancaster and Neth L. Leachman, all of Dallas, Tex., for Henry F. Grady, Federal Reserve Agent.
Before GARRECHT, MATHEWS, and BONE, Circuit Judges.
The question here is whether this court has jurisdiction.
The Peoples Bank brought suit against the Federal Reserve Bank of San Francisco, Board of Governors of the Federal Reserve System, and Henry F. Grady, Federal Reserve Agent, to annul and enjoin the enforcement of a condition of membership in the Federal Reserve System required by the Board of Governors of the Federal Reserve System. In an opinion dated November 17, 1944, the lower court held that it did not have jurisdiction as the indispensable party, the Board of Governors of the Federal Reserve System, was not properly before the court, and there was no action against the other defendants. D.C., 58 F. Supp. 25. An order was filed the same day, granting motions to dismiss and denying motions for summary judgment. The judgment itself was filed January 8, 1945, dismissing the cause at plaintiff's cost. Both the Peoples Bank and the Federal Reserve Bank appealed from the Order of November 17, 1944, after judgment was entered.1
The appellee, Henry F. Grady, and the cross-appellant, the Federal Reserve Bank, have filed motions to dismiss the appeal of the Peoples Bank. This court is of the opinion that both appeals should be dismissed. The order of November 17, 1944, is not an appealable order within the meaning of § 128 of the Judicial Code, 28 U.S. C.A. § 225. City and County of San Francisco v. McLaughlin, 9 Cir., 9 F.2d 930; Wright v. Gibson et al., 9 Cir., 128 F.2d 865, 866.
This rule clearly applies to the instant case as the lower court in denying a motion to correct the Order of November 17, 1944, to show that it was a final disposition of the case, said:
"* * * the Order of Motions, dated and entered herein on the 17th day...
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Blanco v. United States, 12508.
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