Sullivan v. Delaware River Port Authority

U.S. Court of Appeals for the Third Circuit February 10, 1969

Sullivan v. Delaware River Port Authority, 407 F.2d 58 (3d Cir. 1969)

Opinion of the Court

OPINION OF THE COURT

Before HASTIE, Chief Judge, and McLAUGHLIN and STAHL, Circuit Judges. PER CURIAM.

In this negligence action the district court granted summary judgment in favor of some, but not all, of the defendants. This appeal has been taken from that judgment while claims against other parties remain unadjudicated in the trial court.

Such a judgment on less than all of the claims in suit is not final or appealable unless made so in the manner prescribed in Rule 54(b), Federal Rules of Civil Procedure. There has been no compliance with Rule 54(b) in this case.

The appeal will be dismissed for lack of jurisdiction.

Reference

Full Case Name: Francis F. SULLIVAN v. DELAWARE RIVER PORT AUTHORITY, Patrick Joseph McKeown, Francis McKeown, Isaac Waldman, Warnell Gamble and Delois Gamble v. POTAMKIN CHEVROLET CO., Inc. and General Motors Corporation (Third-Party Defendants)
Cited By: 5 cases
Status: Published