U.S. Court of Appeals for the Ninth Circuit, 1951

C B S Steel & Forge Co. v. Shultz

U.S. Court of Appeals for the Ninth Circuit · Decided September 17, 1951 · Mathews, Orr, Per Curiam, Stephens

191 F.2d 683 (Federal Reporter, Second Series)

Counsel

Richard A. Perkins, Los Angeles, Cal., for appellant., Lyle W. Rucker, Los Angeles, Cal., for appellees Shultz and Puetz.

Cases that cite this one

7 later published cases cite this decision.

CPR Management SA v. Devon Park Bioventures LP (3d Cir. 2021)
Hotel Roosevelt Co. v. City of Jacksonville (Fla. Dist. Ct. App. 1966)
Barnett W. Woodby v. The Chesapeake and Ohio Railway Company, a Virginia Corporation, and Third-Party v. Edward Laverne Burghardt, Third-Party (3d Cir. 1965)
The Employers Liability Assurance Corporation, Ltd. v. Arthur J. Kahn (5th Cir. 1958)
Sechrist v. Dyke (4th Cir. 1958)
Sechrist v. Dyke (4th Cir. 1958)
Ford Motor Co. v. Milby Ford Motor Co. v. Mahone (4th Cir. 1954)

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.

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.

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