Edward O. Mueller v. Rayon Consultants, Inc., & William R. Schmitz, 271 F.2d 591 (2d Cir. 1959).
Search
Edward O. Mueller v. Rayon Consultants, Inc., & William R. Schmitz, 271 F.2d 591 (2d Cir. 1959). Book View Copy Cite
Edward O. MUELLER, Plaintiff,
v.
RAYON CONSULTANTS, INCORPORATED, and William R. Schmitz, Defendants
25753_1.
Court of Appeals for the Second Circuit.
Nov 12, 1959.
271 F.2d 591
Spar, Schlem & Burroughs, New York City (Charles Spar and Leon B. Savet-sky, New York City, of counsel), for plaintiff., Reid & Priest, New York City (Ralph M. McDermid, New York City, of counsel), for defendants.
Clark, Lumbard, Waterman, Moore, Friendly.
Cited by 13 opinions  |  Published
PER CURIAM.

The petition to vacate our order of August 28, 1959, is denied by the court sitting en bcmc. Upon reconsideration we find that the application for leave to appeal was timely inasmuch as it was made to us within 10 days of the order of the district judge that contained the 28 U.S.C. § 1292(b) statement. Because in our judgment the grant of leave to appeal will not fulfill the purpose expressed in the statute, we, in our discretion, adhere to our previous decision denying leave to appeal.