AMERICAN SAINT GOBAIN CORP. v. ARMSTRONG GLASS

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Docket Number

No. 19657.

Attorney(S)

Edwin M. Luedeka, Paul E. Hodges, Knoxville, Tenn., on memorandum in opposition to motion to dismiss, Ferdinand Powell, Jr., Epps, Powell, Weller, Taylor Miller, Johnson City, Tenn., for appellant. Hunter, Smith, Davis, Norris, Waddey Treadway, Ernest F. Smith, Kingsport, Tenn., on brief in support of motion to dismiss; Pennie, Edmonds, Morton, Taylor Adams, Robert J. Kadel, Berj A. Terzian, Satterlee, Warfield Stephens, New York City, of counsel, for appellee.

Judges

George Clifton Edwards
Anthony Joseph Celebrezze
John Weld Peck

Acts

Judiciary And Judicial Procedure — Courts Of Appeals — Jurisdiction And Venue — Interlocutory Decisions

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AMERICAN SAINT GOBAIN CORPORATION, Plaintiff-Appellee, v. ARMSTRONG GLASS COMPANY, Inc., Defendant-Appellant.

ORDER

On consideration of plaintiff-appellee's motion to dismiss this appeal and the briefs and records in this proceeding; and

Noting that the District Judge's Order, filed April 24, 1969, was a reference to a Special Master and specifically retained jurisdiction over the contempt proceeding, and hence was not a final order; and

Further, noting that the order was not of the class of "judgments in civil actions for patent infringement which are final except for accounting" within the meaning of 28 U.S.C. § 1292(a)(4), (1964), but rather was an interlocutory order in a contempt proceeding ( see International Silver Co. v. Oneida Community, Ltd., 93 F.2d 437 (2d Cir. 1937)),

Said motion to dismiss the appeal is hereby granted. Rule 8, Rules of the Court of Appeals for the Sixth Circuit.

AMERICAN SAINT GOBAIN CORPORATION, Plaintiff-Appellee, v. ARMSTRONG GLASS COMPANY, Inc., Defendant-Appellant.

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