Opinion
No. 20, Docket 21010.
October 8, 1948.
Appeal from the United States District Court for the Southern District of New York.
Action by Willie Melmoth Bomar against Rowena Keith Keyes and the City of New York to recover damages for deprivation of one of the privileges secured by laws of the United States. From an order of the District Court for the Southern District of New York dismissing plaintiff's complaint against the City of New York, plaintiff appeals.
Appeal dismissed.
Willie M. Bomar, pro se.
John P. McGrath, Corp. Counsel, and Arthur H. Kahn, both of New York City, for appellee.
Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.
In Bomar v. Keyes we decided that the complaint should be dismissed against the City, and the plaintiff thereafter applied for certiorari which was denied on November 18, 1947. On December 17, 1947, Judge Rifkind entered an order dismissing the complaint against the City in conformity with our opinion, although meanwhile, the plaintiff had petitioned for rehearing, and that petition was not denied until December 22, 1947. This is an appeal from Judge Rifkind's order of December 17, 1947, entered upon our mandate.
2 Cir., 162 F.2d 136.
332 U.S. 825, 68 S.Ct. 166.
332 U.S. 845, 68 S.Ct. 266.
The order, even if it were wrong (which we do not even remotely suggest) is not appealable. Hohorst v. Hamburg Co.; National Bank of Rondout v. Smith; Bush v. Leach; Shultz v. Manufacturers Traders Trust Co. The appeal must be dismissed.
156 U.S. 330, 15 S.Ct. 358, 39 L.Ed. 441.
2 Cir., 22 F.2d 296.
2 Cir., 103 F.2d 771.
Appeal dismissed.