United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dickinson v. Petroleum Conversion Corp., 338 U.S. 507 (1950)

Dickinson v. Petroleum Conversion Corp.

No. 150

Argued December 5, 1949

Decided January 16, 1950

338 U.S. 507

Syllabus

1. In April, 1947, the District Court, after hearing, entered a decree in a civil proceeding in which the respondent corporation and others had been allowed to intervene. The decree granted part of the relief prayed by the corporation, but dismissed its other claims. The court reserved jurisdiction as to matters which were of concern to other intervenors but which could not possibly affect the corporation. In August, 1948, a "final decree" was entered which did not in any way change the 1947 decree as to the corporation.

Held: as to the corporation, the 1947 decree was an appealable final decree; its failure to appeal therefrom forfeited its right of review, and appeal from the 1948 decree was ineffective, and should be dismissed. Pp. 338 U. S. 508-516.

2. Rule 54(b) of the Federal Rules of Civil Procedure not having been in effect at the time of the 1947 decree, this Court does not determine its effect on cases of this kind. P. 338 U. S. 512.

173 F.2d 738 reversed.

A motion to dismiss an appeal by a corporation from a decree of the District Court, on the ground that, as to the corporation, an earlier decree was final and appealable, was denied by the Court of Appeals. 173 F.2d 738. This Court granted a limited certiorari. 338 U.S. 811. Reversed, p. 338 U. S. 516.

Page 338 U. S. 508