U.S. Court of Appeals for the Third Circuit, 1950

Robinson Bros. & Co. v. Tygart Steel Products Co.

U.S. Court of Appeals for the Third Circuit · Decided July 20, 1950

184 F.2d 534 (Federal Reporter, Second Series)

Counsel

Maurice L. Kessler, Leonard M. S. Morris, Pittsburgh, Pa., on the brief,-for appellant., Joseph E. Madva and" Thorp, Bostwick, Reed & Armstrong, all of Pittsburgh, Pa., on the brief, for appellee.

Cases that cite this one

2 later published cases cite this decision.

Rieser v. Baltimore Ohio Railroad Company (2d Cir. 1955)
Rieser v. Baltimore & Ohio Railroad (2d Cir. 1955)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

In this case plaintiff brought claim against two defendants in the alternative. One defendant pleaded a counterclaim, which the Court, on motion, purported to dismiss for lack of jurisdiction. There is doubt whether there is any judgment of record. Since the counterclaim was less than all of the claims involved in the action and there was no “express determination that there is no< just reason for delay,” and there is no “express direction for the entry of judgment,”' no final judgment has been entered under the terms of Rule 54(b), Federal Rules of Civil Procedure, 28 U.S.C.A. Etten v. Kauffman, 3 Cir., 179 F.2d 302.

The appeal must be dismissed.

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