U.S. Court of Appeals for the Tenth Circuit, 1964

Skelly Oil Company, a Corporation v. Albert Zimmerman and Alberta Zimmerman, Partners, D/B/A Sinclair Rexall Drugs, a Partnership, and Milton Brown

Skelly Oil Company, a Corporation v. Albert Zimmerman and Alberta Zimmerman, Partners, D/B/A Sinclair Rexall Drugs, a Partnership, and Milton Brown
U.S. Court of Appeals for the Tenth Circuit · Decided June 4, 1964 · Phillips, Lewis, Breitenstein
332 F.2d 618; 1964 U.S. App. LEXIS 5186 (Federal Reporter, Second Series)

Skelly Oil Company, a Corporation v. Albert Zimmerman and Alberta Zimmerman, Partners, D/B/A Sinclair Rexall Drugs, a Partnership, and Milton Brown

Opinion

PER CURIAM.

The Insurance Company brought this action against the Zimmermans to recover, as subrogee, the amount it had paid under a fire insurance policy issued by it to Myrtle W. and Forrest H. Hagenbuck, on account of a fire loss suffered by them, alleging the fire was caused solely by the negligent acts of the Zimmermans. The Zimmermans filed a third party complaint against Skelly Oil Company.

*619 From an order denying Skelly’s motion to dismiss the third party complaint, Skelly has sought to appeal.

Such order was clearly interlocutory and not a final order. It does not fall within any of the categories of interlocutory orders made appealable by 28 U.S.C.A. § 1292(a) and no effort was made to comply with 28 U.S.C.A. § 1292 (b), nor did the court direct the entry of a final judgment, under Rule 54(b), Fed.Rules Civ.Proc.

The appeal is dismissed without prejudice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.