C B S Steel & Forge Co. v. Shultz

U.S. Court of Appeals for the Ninth Circuit
C B S Steel & Forge Co. v. Shultz, 191 F.2d 683 (9th Cir. 1951)
Mathews, Orr, Per Curiam, Stephens

C B S Steel & Forge Co. v. Shultz

Opinion

PER CURIAM.

Howard Lane and Harold W. Gentis brought an action against appellant. Appellant, as a third-party plaintiff, served a third-party complaint on Gordon W. Shultz, Ernest Puetz and Lee McCoy, as third-party defendants. See Rule 14(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Shultz, Puetz and McCoy moved to dismiss the third-party complaint for lack of jurisdiction and for failure to state a claim upon which relief could be granted. From an order (improperly called a judgment) granting the motion and dismissing the third-party complaint, appellant has ap>pealed. That order was not a final decision, within the meaning of 28 U.S.C.A. § 1291, and was not appealable. Baltimore & Ohio R. R. Co. v. United Fuel Gas Co., 4 Cir., 154 F.2d 545; County Bank v. First National Bank, 4 Cir., 184 F.2d 152. Therefore the appeal is dismissed.

Reference

Full Case Name
C B S STEEL & FORGE CO. v. SHULTZ Et Al.
Cited By
7 cases
Status
Published