Legal Opinion
Van Dyke v. Columbia Machine, Inc.
District Court, W.D. New York
Decided December 16, 2003No. 01-CV-6357LPublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
LARIMER, District Judge.
On February 18, 2003, I granted third-party defendant, Leprino Foods Company’s (“Leprino”) motion to dismiss the third-party complaint filed against it by defendant, Columbia Machine, Inc. (“Columbia”). Columbia now moves the Court to direct entry of a final Judgment as to the dismissal of the third-party complaint, pursuant to Fed. R.Civ.P. 54(b). Leprino opposes the motion and plaintiff, Travis E. VanDyke, takes no position on the application.
The motion is denied. The statute requires the Court to find that “there is no just reason for delay.”…
2Cases cited5 opinions
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Harriscom Svenska Ab v. Harris CorporationCourt of Appeals for the Second Circuit · 1991
- Citizens Accord, Inc. v. Town of RochesterCourt of Appeals for the Second Circuit · 2000
- Luckenbach Steamship Company, Inc., Third-Party v. H. Muehlstein & Co., Inc., Third-Party Ellio Rando v. Luckenbach Steamship Company, Inc.Court of Appeals for the Second Circuit · 1960
- Gidatex, S.R.L. v. Campaniello Imports, Ltd.District Court, S.D. New York · 1999
3Cited by1 opinion
- Oklahoma City Urban Renewal Authority v. City of Oklahoma CitySupreme Court of Oklahoma · 2005