Legal Opinion
Propps v. Weihe, Black & Jeffries
Court of Appeals for the Fourth Circuit
Decided October 4, 1978No. Nos. 77-2104, 77-2105PublishedCited by 4 opinions
1Opinion of the Court
THOMSEN, Senior District Judge.
The issues presented on this appeal and cross-appeal are: (1) whether the district court abused its discretion when it dismissed a third-party complaint without prejudice to the right of the defendants-third party plaintiffs to assert in an appropriate state court the claim alleged therein; and (2) whether, as urged by one of the third-party defendants, the district court should have dismissed the third-party claim with prejudice.
The original plaintiff (Propps) was one of many persons injured or killed when the Skyline Plaza building at Bailey’s Crossroads in…
2Cases cited1 opinion
- Duke v. Reconstruction Finance Corp.Court of Appeals for the Fourth Circuit · 1954
3Cited by4 opinions
- Kathy L. Joiner, Etc. v. Diamond M Drilling Co. And Halliburton Company, and Third-Party v. Dr. C. Babson Fresh, Third-PartyCourt of Appeals for the Third Circuit · 1982
- American Zurich Insurance v. Cooper Tire & Rubber Co.Court of Appeals for the Sixth Circuit · 2008
- Kelly v. Georgia-Pacific LLCDistrict Court, E.D. North Carolina · 2009
- Delpha Lee Propps v. Weihe, Black & Jeffries, Edwin A. Weihe, and Alexander H. Jeffries, and Cross-Appellees v. Fourth Skyline Corp., and Cross-Appellant, Charles E. Smith Skyline Development Co., and Charles E. Smith Building Co.Court of Appeals for the Fourth Circuit · 1978