FEDERAL COURTS - APPEAL AND ERROR - DOES A STATUTE WHICH AUTHORIZES AN INTERLOCUTORY APPEAL REQUIRE SUCH APPEAL?

A bill seeking an injunction and an accounting was filed in a United States district court for alleged infringement by defendant of plaintiff\u27s rights in the words of a song. Defendant\u27s appeal from a decree enjoining further use of the song and directing an accounting for profits was denied, because the appeal had been taken more than thirty days after its entry and so the circuit court of appeals was without jurisdiction. The case proceeded to an accounting in the district court, and a final decree was entered from which defendant appealed again to the circuit court. Held, the statute which authorizes appeals from interlocutory decrees granting in junctions does not require an aggrieved party to take such an appeal and, where it is not taken, such failure does not impair the right upon appeal from the final decree to challenge the validity of the prior interlocutory decree. Victor Talking Machine Co. v. George, (C. C. A. 3d, 1939) 105 F. (2d) 697