Epton v. Hogan

Second Circuit Court of Appeals

Argued Dec. 16, 1965.

Decided Jan. 14, 1966.

Second Circuit Court of Appeals · decided 1966-01-14

2 counsel of record

Relies on Oppenheimer v. F. J. Young & Co. · American Broadcasting Co. v. Wahl Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-01-14

How this case has been cited

Cited by 12 later decisions — most recently January 1987

10 federal appellate · 1 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.

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¶1Len Holt, Washington, D. C. (J. A. Jordan, Jr., Norfolk, Va., on the brief), for appellants.

¶2Joel Lewittes, Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Mortimer Sattler, Asst. Atty. Gen., Iris A. Steel, Deputy Asst. Atty. Gen., of counsel), for appellees.

¶3Before WATERMAN, KAUFMAN and HAYS, Circuit Judges.

¶4PER CURIAM.

¶5Appellants’ complaint, concerning the alleged unconstitutionality of New York Penal Law § 161 and other statutes, was dismissed with leave to amend. An order dismissing a complaint with leave to amend is not a final order and therefore not appealable. See Oppenheimer v. F. J. Young & Co., Inc., 144 F.2d 387 (2d Cir. 1944); American Broadcasting Co. v. Wahl Co., 121 F.2d 412 (2d Cir. 1941); 6 Moore, Federal Practice ¶ 54.12[1] at 116 (1953).

¶6Appeal dismissed.