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Murphy v. Helena Rubenstein Company

United States Court of Appeals, Third Circuit
Dec 8, 1965
355 F.2d 553 (3d Cir. 1965)

Opinion

Nos. 15184, 15185.

Argued November 30, 1965.

Decided December 8, 1965.

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.

Before HASTIE, GANEY and FREEDMAN, Circuit Judges.


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.


Summaries of

Murphy v. Helena Rubenstein Company

United States Court of Appeals, Third Circuit
Dec 8, 1965
355 F.2d 553 (3d Cir. 1965)
Case details for

Murphy v. Helena Rubenstein Company

Case Details

Full title:Bettie MURPHY and Lloyd Murphy, Her Husband, and Lloyd Murphy, in His Own…

Court:United States Court of Appeals, Third Circuit

Date published: Dec 8, 1965

Citations

355 F.2d 553 (3d Cir. 1965)

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