Joseph Lerman and Rose Lerman, As Joint Tenants, Plaintiffs-appellants, v. Jerry M. Tenney et al., Defendants-appellees, 459 F.2d 482 (2d Cir. 1972)

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U.S. Court of Appeals for the Second Circuit - 459 F.2d 482 (2d Cir. 1972) Argued May 9, 1972. Decided May 18, 1972

Demov, Morris, Levin & Shein, New York City, for plaintiffs-appellants.

Elson & Halperin, New York City, for defendants-appellees Philip Levine, Richard Witrofsky, Alexander M. Feld and 40 Exchange Realty Co.

Tenzer, Greenblatt, Fallon & Kaplan, New York City, for defendants-appellees Jerry M. Tenney, Tenney Corp., Tenney Realty Corp. of New York, and Tenney Securities Corp.

Before FRIENDLY, Chief Judge, and MOORE and ANDERSON, Circuit Judges.


The motions to dismiss the appeals from the United States District Court for the Southern District of New York for lack of jurisdiction are denied. The cross-motion to allow the plaintiffs an additional thirty days in which to file their briefs is granted.

FRIENDLY, Chief Judge (concurring):

The decision of the Third Circuit in Hackett v. General Host Corporation, 455 F.2d 618 (3 Cir. 1972), refusing to follow our death knell doctrine, enhances the doubts which I expressed in Korn v. Franchard Corp., 443 F.2d 1301, 1307 (2 Cir. 1971). However, since a petition for certiorari has been filed with respect to Hackett, there is hope that this issue will be settled by the highest authority. I therefore concur.