Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Maryland for Use of Josephine Costas v. Atlantic Aviation Corp.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: May 31, 1966.

STATE OF MARYLAND FOR THE USE OF JOSEPHINE COSTAS, ET AL., PLAINTIFFS-APPELLANTS,
v.
ATLANTIC AVIATION CORPORATION, DEFENDANT-APPELLEE

Staley, Chief Judge, and McLaughlin and Smith, Circuit Judges.

Author: Per Curiam

The first of these two appeals is from an injunction issued by the trial judge directing plaintiffs to abstain from all further proceedings in their identical suit in the Eastern District of New York. The second appeal is from the denial of plaintiffs' cross motions "* * * to transfer this action to the United States District Court for the Eastern District of New York, and in the alternative, for an order pursuant to Rule 41(a) (2) of the Rules of Civil Procedure, for dismissal of this action, without prejudice, * * *." Ordinarily the interlocutory order denying those motions would not be reviewable. In this instance, where they are not only ancillary to the interlocutory injunction but actually a vital affirmative part of plaintiffs' total effort to have their case tried in the Eastern District of New York, they are so reviewable because of the interlocutory injunction. National Equipment Rental, Ltd. v. Fowler, 287 F.2d 43, 45 (2 Cir. 1961).

The substance of these appeals has been exhaustively examined by this Court. On all of the facts we find that the decisions of the District Judge were well within his discretion.

The judgments of the District Court will be affirmed without costs to either party as against the other.

19660531

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.