Legal Opinion

Lambert C. Boer and L. Thelma Boer, His Wife v. Borg-Warner Corporation Richard G. Sholley and Helen S. Sholley, His Wife

Court of Appeals for the Third Circuit

Decided August 23, 1966No. 15744PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The plaintiffs joined their separate claims for relief in a single action for, fraud and breach of warranty. The present appeal is from a dismissal of the claims of Richard G. Sholley and Helen Sholley; the claims of the other plaintiffs are still pending.

We do not reach the merits of the question raised by the appellants because we are without jurisdiction to entertain the appeal. Absent “an express determination that there is no just reason for delay and * * * [a] direction for the entry of judgment,” required by the most recent amendment of rule 54(b) of the Federal…

3Cases cited3 opinions

  1. District 65, Distributive, Processing and Office Workers Union of New York and New Jersey, Formerly Local 65 v. McKagueCourt of Appeals for the Third Circuit · 1954
  2. Shipley Corp. v. Leonard Marcus Co.Court of Appeals for the Third Circuit · 1954
  3. Katzman v. HoffmanCourt of Appeals for the Third Circuit · 1954

4Cited by8 opinions

  1. Tri-State Generation And Transmission Association, Inc. v. Shoshone River Power, Inc.Court of Appeals for the Tenth Circuit · 1989
  2. Tma Fund, Inc., a Michigan Corporation v. James Biever and Pamela BieverCourt of Appeals for the Third Circuit · 1975
  3. In The Matter Of Good Deal Supermarkets, Inc.Court of Appeals for the Third Circuit · 1975
  4. Victor A. Peralta v. Quad Tool and Dye Supply Co., Third-Party v. Alva Allen Industries, Third-PartyCourt of Appeals for the Third Circuit · 1966
  5. McMahon v. Great American InsuranceCourt of Appeals for the Third Circuit · 1975

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