Opinion
No. 3443.
February 7, 1940.
Appeal from the District Court of the United States for the District of Maine; John A. Peters, Judge.
Libel in admiralty by Erline H. Samuelson Rederii against the Jarka Corporation for indemnity or contribution on account of payments made to respondent's employee. From a decree overruling exceptions to the libel, D.C., 26 F. Supp. 304, respondent appeals.
Appeal dismissed.
Forrest E. Richardson and Robinson Richardson, all of Portland, Me., for appellant-respondent.
Nathan W. Thompson, of Portland, Me., for appellee-libellant.
Before WILSON and MAGRUDER, Circuit Judges, and FORD, District Judge.
This is an appeal from a decree overruling exceptions to a libel in admiralty. Appeals lie, not from all interlocutory decrees in admiralty, but only from such interlocutory decrees as determine "the rights and liabilities of the parties." 44 Stat. 233, 28 U.S.C.A. § 227. The decree below merely determines that the libel states a good cause of action. It does not determine the rights and liabilities of the parties, because at the trial the libellant may fail to prove his case. Stark v. Texas Co., 5 Cir., 1937, 88 F.2d 182; The Maria, 2 Cir., 1933, 67 F.2d 571; see Schoenamsgruber v. Hamburg Line, 1935, 294 U.S. 454, 55 S.Ct. 475, 79 L.Ed. 989; H. Lissner Co., Inc., v. Oceanic Steam Navigation Co., 2 Cir., 1929, 30 F.2d 290.
The appeal is dismissed for lack of jurisdiction.