273 F.2d 71 - Bufalino v. Kennedy — 273 F.2d 71

How this case has been cited

Cited by 19 later decisions — most recently December 2009

13 federal appellate ·

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.

¶1William E. Bufalino, Detroit, Mich., pro se.

¶2No appearance for appellee.

¶3Before SHACKELFORD MILLER, Jr., and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.

¶4PER CURIAM.

¶5In this defamation action in tort, filed in the United States District Court for the Eastern District of Michigan, the ap-pellee, who was alleged in the complaint to be a citizen and resident of Virginia, was served with process in Boston, Massachusetts. The District Judge sustained appellee’s motion to quash the return of service.

¶6Appellants’ subsequent motion, pursuant to the provisions of Sec. 1404(a), Title 28 U.S.C., for a change of venue to the United States District Court for the District of Columbia, where the alleged tort was committed, was overruled, from which order this appeal was taken.

¶7The order appealed from is not an ap-pealable order. Sections 1291, 1292, Title 28 U.S.C.; Lemon v. Druffel, 6 Cir., 253 F.2d 680, certiorari denied 358 U.S. 821, 79 S.Ct. 34, 3 L.Ed.2d 62; All *72 States Freight v. Modarelli, 3 Cir., 196 F.2d 1010, 1011; Littman v. Bache & Co., 2 Cir., 246 F.2d 490.

¶8The fact that the ruling is an important one in the final disposition of the case does not make it appealable. City of Morgantown v. Royal Insurance Co., Ltd., 337 U.S. 254, 258, 69 S.Ct. 1067, 93 L.Ed. 1347.

¶9It is ordered that the appeal be dismissed.