136 F.2d 654 - Russell v. Barnes Foundation — 136 F.2d 654

How this case has been cited

Cited by 20 later decisions (1 by the Supreme Court) — most recently November 1990

9 federal appellate · 8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Robert T. McCracken, of Philadelphia, Pa. (Samuel Fessenden, of Philadelphia, Pa., on the brief), for appellant.

¶2Thomas Raeburn White, of Philadelphia, Pa., for appellee.

¶3Before MARIS, JONES, and GOODRICH, Circuit Judges.

¶4PER CURIAM.

¶5In this case the district court entered a summary judgment in favor of the plaintiff and against the defendant under Civil Procedure Rule 56, 28 U.S.C.A. following section 723c, and ordered that the case proceed to trial for the determination of the amount of damages to which the plaintiff is entitled. From the order thus entered the defendant took the present appeal.

¶6The plaintiff has moved to dismiss the appeal upon the ground that the order *655appealed from is not a final decision subject to appellate review by this court under Section 128 of the Judicial Code, 28 U.S.C.A. § 225. The motion must be granted since the order appealed from, although it determines the liability of the defendant to the plaintiff, will not become a final adjudication of the controversy between them until the damages to which the plaintiff is entitled have been assessed. See Guarantee Co. v. Mechanics’ S. B. & Trust Co., 173 U.S. 582, 19 S.Ct. 551, 43 L.Ed. 818.

¶7The appeal is dismissed.