Walter W. Johnson Company v. Reconstruction Finance Corporation

On June 28, 1949, in the United States District Court for the Northern District of California, appellee, Reconstruction Finance Corporation, brought a civil action against appellant, Walter W. Johnson Company (a corporation), and others. The complaint was in two counts. Appellant filed an answer on June 30,1950. The answer contained five counterclaims denominated as such. Appellee filed a reply on November 16, 1950, an amended reply on March 31, 1952, and a motion on November 20, 1952. The motion was for a summary judgment dismissing the counterclaims. The District Court heard the motion and, on June 19, 1953, entered a so-called judgment which purported to dismiss the counterclaims. From that so-called judgment this appeal was taken on August 18, 1953.

This appeal must be dismissed for the following reasons:

As indicated above, seven claims for relief were presented in this action— two as claims of appellee and five as counterclaims of appellant. The so-called judgment here appealed from purported to adjudicate the counterclaims, but did not adjudicate or purport to adjudicate appellee’s claims. The District Court did not make the express determination or give the express…