776 F.2d 1563 | 2d Cir. | 1985
Defendants below (“Trustees”) appeal from a judgment of the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, entered in favor of plaintiff and third-party defendants in this breach of contract case. Because no final judgment has been entered in the district court, we dismiss the appeal.
F.H. Krear & Co. (“Krear”) brought suit to recover for the damages it claims to have suffered through defendants’ breach of three contracts with it. The Trustees subsequently served a third party complaint against Anthony Grauso, their computer consultant, for failure to perform his contractual duties and for participation in the allegedly fraudulent scheme to obtain contracts for Krear. Grauso counterclaimed against the Trustees for terminating his five-year consulting contract.
The district court bifurcated this ease into a trial on the merits and a trial on the amount of contractually stipulated attorneys’ fees to be awarded to the prevail
In the interests of judicial economy, when the appeal is perfected it shall, if practicable, be submitted to this panel, which has already heard oral argument, without further oral argument or the submission of additional papers except as to the issue of attorneys’ fees.
Appeal dismissed for the reasons stated above.