Court of Appeals for the Second Circuit June 17, 1969, 32649_1 (Aetna Casualty & Surety Company v. Theda v. Giesow)

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from various orders entered in the United States District Court for the Eastern District of New York in an action brought by a surety for breach of a subordination agreement. The court entered partial summary judgment for the surety, and the defendant appeals. For the reasons set forth below, we dismiss the appeal.