Charles Adams v. Lever Brothers Company

RIPPLE, Circuit Judge,

dissenting.

I would affirm the judgment of the district court. In my view, the notice of appeal only brings to this court the decision of the district court on June 8 that refused to reinstate the action. With respect to that matter, I believe the district court acted correctly in refusing to accept that document as sufficient to reinstate the case.

I join my colleagues in expressing disapproval of the district court’s overall methodology in this case. The “short-cut” of dismissing with leave to reinstate has resulted already in much additional expense and wasted judicial time. Given the court’s decision today, much more time will be expended before this litigation is finally terminated.