From Casetext: Smarter Legal Research

Ratner v. Scientific Resources Corp.

United States Court of Appeals, Fifth Circuit
Jun 8, 1972
462 F.2d 616 (5th Cir. 1972)

Opinion

Nos. 71-3142, 71-3436.

June 8, 1972.

David M. Stolar, Miami Beach, Fla., David S. Ward, Asher B. Lans, New York City, Cohen, Shapiro, Polisher, Shiekman Cohen, Philadelphia, Pa., for plaintiff-appellant; Lans, Feinberg Cohen, Robert Stephan Cohen, New York City, of counsel.

William R. Alvin, Frates, Floyd, Pearson Stewart, Robert L. Floyd, Miami, Fla., Perry S. Bechtle, Philadelphia, Pa., for defendants-appellees; James D. Little, Miami, Fla., of counsel.

Appeal from the United States District Court for the Southern District of Florida.

Before PHILLIPS, THORNBERRY and RONEY, Circuit Judges.

Of the Tenth Circuit, sitting by designation.


Plaintiff-appellant brought this action against numerous defendants on the following legal grounds:

1. Section 17(a) of the Securities Act of 1933.

2. Section 10(b) of the Securities Act of 1934.

3. Fraud under Fla.Stat. § 517.301, F.S.A.

4. Common law fraud.

All these bases for relief were grounded on identical factual allegations. The district court, 53 F.R.D. 325, dismissed the allegations of Florida statutory and common law fraud as to only four of the defendants, appellees here, on the basis that they could not properly be served with process on any claim other than that arising under the Securities Act.

It is clear that the order of the district court is not final under 28 U.S.C.A. § 1291; Schwartz v. Eaton, 2d Cir. 1959, 264 F.2d 195, and there has been no attempt to comply with the requirements of 28 U.S.C.A. § 1292(b) or Fed.R.Civ.P. 54(b).

The appeal is, therefore, dismissed for want of jurisdiction.


Summaries of

Ratner v. Scientific Resources Corp.

United States Court of Appeals, Fifth Circuit
Jun 8, 1972
462 F.2d 616 (5th Cir. 1972)
Case details for

Ratner v. Scientific Resources Corp.

Case Details

Full title:LEE RATNER, PLAINTIFF-APPELLANT, v. SCIENTIFIC RESOURCES CORP. ET AL.…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 8, 1972

Citations

462 F.2d 616 (5th Cir. 1972)

Citing Cases

United States Dent. Inst. v. American Ass'n of Orth.

There is, however, a split in the authorities which have considered the issue. There are other district court…

TARLTON v. DILL

See Rule 54(b), F.R.Civ.P. Therefore the judgment appealed from lacks the requisite finality to be…