U.S. Court of Appeals for the Third Circuit, 1961

Robert M. Dailey and Fred J. Dailey v. David Lee Timmer and Robert Pakulski

U.S. Court of Appeals for the Third Circuit · Decided July 7, 1961 · Goodrich, McLaughlin, Kalodner

292 F.2d 824; 4 Fed. R. Serv. 2d 974; 1961 U.S. App. LEXIS 3952 (Federal Reporter, Second Series)

Counsel

J. S. Jiuliante, Sr., Erie, Pa., for appellants., John A. Blackmore, Erie, Pa. (Black-more & Grieshober, Ostrow & Dailey, John J. Dailey, Erie, Pa., on the brief), for appellees.

Cases that cite this one

4 later published cases cite this decision.

Conney v. Erickson (7th Cir. 1963)
Conney v. Erickson (7th Cir. 1963)
Jerrell Powell and Mrs. Sally Bargeron v. Lititz Mutual Insurance Company (5th Cir. 1970)
Oertel v. Phillips (Kan. 1966)

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

PER CURIAM.

This is an appeal from an order granting a new trial entered by a judge for the District Court for the V^estern District of Pennsylvania. Met with the statute 28 U.S.C. § 1291 which gives Courts of Appeals jurisdiction of all final decisions of District Courts (with certain exceptions not relevant here), the appellant urges upon us our own decision in Lind v. Schenley Industries, Inc., 3 Cir., 1960, 278 F.2d 79. That case has no bearing here. This Court, in that case, had jurisdiction because there was an appeal from a judgment N.O.Y. The new trial action was incidental to the main point.

The appeal will be dismissed for lack of jurisdiction.

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