MURPHY v. HELENA RUBENSTEIN COMPANY

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 15184, 15185.

Attorney(S)

Arthur E. Ballen, Camden, N.J., for appellants in No. 15,184 and for appellee in No. 15,185. Sidney P. McCord, Jr., Haddonfield, N.J. (McCord, Farrell, Eynon Munyon, Haddonfield, N.J., on the brief), for appellee in No. 15,184 and for appellants in No. 15,185.

Judges

William Henry Hastie
James Cullen Ganey
Abraham Lincoln Freedman

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Bettie MURPHY and Lloyd Murphy, Her Husband, and Lloyd Murphy, in His Own Right, Appellants in No. 15184, v. HELENA RUBENSTEIN COMPANY, a Corporation of the State of New York, and H.J. Titus, Inc., a Corporation of the State of New York, Jointly, Se

PER CURIAM:

On motion, the district court entered an order vacating a default judgment and at the same time refusing to quash service. At this intermediate stage of the litigation the plaintiffs have appealed from the vacating of the default judgment and the defendants have taken a cross-appeal from the refusal to quash service.

We have recently held that an order vacating a default judgment is not final within the meaning of section 1291 of Title 28, United States Code, and, therefore, cannot support an immediate appeal. Crowe v. Ragnar Benson, Inc., 1962, 307 F.2d 73. Similarly, a refusal to quash service is not an appealable final order.

The appeal and the cross-appeal will be dismissed for lack of jurisdiction.

Bettie MURPHY and Lloyd Murphy, Her Husband, and Lloyd Murphy, in His Own Right, Appellants in No. 15184, v. HELENA RUBENSTEIN COMPANY, a Corporation of the State of New York, and H.J. Titus, Inc., a Corporation of the State of New York, Jointly, Se

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