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G. K. W. Inc. v. Philco Corp.

decided: April 4, 1960.

G. K. W., INC., AND ABE FRIEDEL
v.
PHILCO CORPORATION, ET AL.; AND BENJAMIN KATZOFF, ET AL. V. ADMIRAL CORPORATION, ET AL.



Before: Clark, Waterman and Lewis,*fn* Circuit Judges.

Per Curiam: In these two antitrust and price-discrimination actions, the district court has entered orders of dismissal for failure to prosecute, which, however, in one case have left the action standing as to one partnership plaintiffs and both defendants, and in the other case as to one partnership plaintiffs and one defendant. In neither case did the court enter the determination and direction for entry of judgment requisite for finality under the express language of F.R. 54(b). Without that the judgments are not appealable. See 3 Barron & Holtzoff, Federal Practice and Procedure ยง 1193.2 and note 56.9 (Wright Ed.); 6 Moore's Federal Practice 245, 246, and note 7 (2d Ed. 1953); cf. Goldlawr v. Heiman, 2 Cir., 273 F.2d 729. The appeals are therefore dismissed.


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