Page:Alart Associates v. Aptaker (402 F.2d 779).pdf/4

 (g) is invoked and general awareness of the policy behind the federal final judgment rule. As a practical matter, the orders do not dispose of the case or impede its normal processing. Cf. Eisen v. Carlisle & Jacquelin, 370 F.2d 119 (2d Cir. 1966), cert. denied, 386 U.S. 1035, 87 S.Ct. 1487, 18 L.Ed.2d 598 (1967). Moreover, defendants’ claim that Judge Mansfield abused his discretion can be reviewed after final judgment is entered—along with the case on the merits if defendants lose, and on an assessment of costs if defendants win. Cf. Farmer v. Arabian American Oil Co., 324 F.2d 359 (2d Cir. 1963), rev’d on other grounds, 379 U.S. 227, 85 S.Ct. 411, 13 L.Ed.2d 248 (1964). See also Gibbs v. Blackwelder, 346 F.2d 943 (4th Cir. 1965). Therefore, keeping in mind the salutary policy against piecemeal review, we do not believe that the collateral order doctrine should apply here. Cf. United States v. Fried, 386 F.2d 691, 695 (2d Cir. 1967); American Express Warehousing, Ltd. v. Transamerica Ins. Co., 380 F.2d 277, 280–282 (2d Cir. 1967). We express no view on whether the $300 sanction was unduly harsh or on the validity of defendants’ attack on plaintiff’s copyright.

Accordingly, the appeal is dismissed.

Bernard E. Burk, New Orleans, La., for appellant.

George A. Bourgeois, Jack E. Yelverton, Asst. Attys. Gen., Baton Rouge, La., Jack P. F. Gremillion, Atty. Gen. of State of La., Jim Garrison, Dist. Atty., Orleans Parish, State of La., for appellees.

Before GEWIN and BELL, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM:

Appellant, a state prisoner, appeals from the district court’s denial of habeas corpus relief, contending that in his trial in the Criminal District Court, Parish of Orleans, State of Louisiana, certain errors were committed, that these errors are of federal constitutional proportions, and that therefore his incarceration is invalid. The errors he