Vietti v. Wayne , 136 F.2d 771 ( 1943 )

PER CURIAM.

The petition in this case is for allowance of a special appeal from an order of the District Court dismissing petitioners’ complaint. The order sought to be challenged is a final one, from which an appeal in regular course is proper.¹ No reason appearing to justify a special appeal, the petition was not granted. The case has now been dispostd of on appeal, in regular course,² and an appropriate order will be entered denying the petition in the present case.

1 General Rules, U.S.Ct.App., Rules 9, 42(a); Federal Rules Civil Procedure, Rule 73, 28 U.S.C.A. following section 723c; Rogers v. Watson, 7 Cir., 46 F.2d 753, certiorari denied 283 U.S. 852, 51 S.Ct. 561, 75 L.Ed. 1460; Hill v. Chicago & Evanston R. R., 140 U.S. 52, 54, 11 S.Ct. 690, 35 L.Ed. 331.

2 Vietti v. Wayne, - U.S.App.D.C. -, 136 F.2d 769, decided May 29, 1943.