Legal Opinion

Aetna Insurance v. Newton

Court of Appeals for the Third Circuit

Decided July 25, 1968No. 17037PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

KALODNER, Circuit Judge.

This is an appeal by the defendant C. F. Schwartz, Incorporated (“Schwartz”) from the District Court’s Order denying its motion for summary judgment against the plaintiff Aetna Insurance Company (“Aetna”), and entering summary judgment in favor of Aetna and against Schwartz.1

We do not reach the merits of this appeal because we lack jurisdiction to entertain it inasmuch as the challenged Order is not, under the prevailing circumstances, a “final decision” in this case, and that being so, it is not appeal-able.2

The critical facts adduced by the record…

2Cases cited9 opinions

  1. Nicola Panichella v. Pennsylvania Railroad Company, (Warner Brothers Pictures, Inc., a Corporation)Court of Appeals for the Third Circuit · 1958
  2. Paul E. Repass v. Albert L. Vreeland and Leonard G. Brown, Individuals, and Vreeland & Brown, a New Jersey Partnership in the Practice of LawCourt of Appeals for the Third Circuit · 1966
  3. Frommeyer v. L. & R. CONSTRUCTION CO.District Court, D. New Jersey · 1956
  4. Tye v. Hertz Drivurself Stations, Inc.Court of Appeals for the Third Circuit · 1949
  5. McDonald v. Pennsylvania R. Co., (Two Cases)Court of Appeals for the Third Circuit · 1954

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3Cited by1 opinion

  1. Aetna Insurance Company v. NewtonCourt of Appeals for the Third Circuit · 1968

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