Opinion · Court of Appeals for the Second Circuit
Porter v. American Distilling Co.
157 F.2d 1012
- Type
- Opinion
- Court
- Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 1946-11-04
- Topic
- litigation
157 F.2d 1012 (1946) PORTER, Price Administrator, v. AMERICAN DISTILLING CO., Inc., et al. No. 23, Docket 20249. Circuit Court of Appeals, Second Circuit. November 4, 1946.
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PORTER v. AMERICAN DISTILLING CO.,157 F.2d 1012(2nd Cir. 1946)
PORTER, Price Administrator, v. AMERICAN DISTILLING CO., Inc., et al.
No. 23, Docket 20249.
Circuit Court of Appeals, Second Circuit.
November 4, 1946.
Action by Paul A. Porter, Administrator, Office of Price Administration, against American Distilling Company, Incorporated, and others, for injunction against violation of maximum price regulations, treble damages, fraud, and deceit. The motions of defendants American Distilling Company, and of Russell R. Brown, Henry C. Cole, Sam Rothberg, Thomas S. Brown, Stewart M. Seymour, William H. Damour, and of Peter E. Siskind, and of Stanhope Foster, Samuel L. Westerman and Sidney Kessler, individually and as copartners doing business as Foster Co., to dismiss Counts 1 and 2 of the amended complaint were denied, and to dismiss Count 3 were granted,62 F. Supp. 20, on the ground that the court was without jurisdiction because of the plaintiff's incapacity to sue. The action still remained pending against these defendants upon Counts 1 and 2 and was undisposed of as to certain other defendants as to all three counts. The plaintiff appeals from the orders, four in number, dismissing his claims under Count 3.
Appeals dismissed.
See also62 F. Supp. 15.
John J. Burns and Reed, Truslow, Crane deGive, all of New York City (John J. Burns and William G. Mulligan, both of New York City, of counsel), for defendant-appellee, American Distilling Co.
William B. Herlands, of New York City (William B. Herlands and Herbert S. Herlands, both of New York City, of counsel), for defendants-appellees, Russell R. Brown, Henry C. Cole, Sam Rothberg, Thomas S. Brown, Stewart M. Seymour, and William H. Damour.
Edwin M. Slote, of New York City (Max E. Lynne, of New York City, of counsel), for defendant-appellee Peter E. Siskind.
Garey, Desvernine Kissam, of New York City (Jacob J. Rosenblum, Wm. Francis Corson, and Abraham Hornstein, all of New York City, of counsel), for defendants-appellees Stanhope Foster and Samuel L. Westerman individually, and Stanhope Foster, Samuel L. Westerman, and Sidney Kessler, as copartners doing business as Foster Co.
Powers, Kaplan Berger, of New York City (Samuel A. Berger, of New York City, of counsel), for defendant-appellee Sidney Kessler, individually.
Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.
Appeals dismissed.Page 1013Page 10