Tax
SELCHOW et al. v. CHAFFEE & SELCHOW MFG. CO.
140 F. 989·United States Court of Appeals for the Second Circuit·1905
Before WALLACE, LACOMBB, and COXE, Circuit Judges.
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Opinion
SELCHOW et al. v. CHAFFEE & SELCHOW MFG. CO.
(Circuit Court of Appeals, Second Circuit.
October 16, 1905.)
Appeal from the Circuit Court of the United States for the Southern District of New York. Motion to Dismiss Appeal.
For opinion below, see 132 Fed. 996.
Hans von Briesen, for-the motion.
A. Bell Malcomson, opposed.
Before WALLACE, LACOMBB, and COXE, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The only decree entered in this cause was an interlocutory decree for an injunction and an accounting, dated November 21, 1904. The entry in the clerk’s docket March 21, 1905, of the amount taxed as costs was-not a final decree and is not appealable. If the complainants abandon the accounting, or unduly delay it, the defendant may move for the entry of a final decree from which an appeal can be taken. The motion to dismiss the present appeal is granted.