Legal Opinion

Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-Party

Court of Appeals for the Third Circuit

Decided May 8, 1970No. 28413_1PublishedCited by 153 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge.

This is an interlocutory appeal brought pursuant to Title 28, U.S.C. § 1292(b), from an order of the District Court for the Northern District of Alabama denying a motion by Revere Copper and Brass Incorporated (hereafter Revere) the original plaintiff in the case below, to dismiss for want of jurisdiction a “counterclaim” under Rule 14(a), Federal Rules of Civil Procedure, brought against it by the George A. Fuller Company, Inc. (hereafter Fuller) a third-party defendant. The single issue presented by this appeal is whether a claim by the third-party defendant…

2Cases cited27 opinions

  1. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  2. Mitchell v. MaurerSupreme Court of the United States · 1934
  3. Freeman v. HoweSupreme Court of the United States · 1861
  4. Supreme Tribe of Ben-Hur v. CaubleSupreme Court of the United States · 1921
  5. Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961

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3Cited by153 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Gibson v. Chrysler Corp.Court of Appeals for the Ninth Circuit · 2001
  3. Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
  4. Veronica Lewis, Individually Etc., Naomi Barry Pottinger, Individually, Etc., Vincent Lewis, Daisy Llewellyn, and Margaret Clark, Individually, Etc. v. S. S. Baune, in the Matter of Skibs A/s Baumare and Torvald Klaveness, as Owner Andmanaging Owner of the S/s Baune, Petitioning for Exoneration From or Limitationof Liability v. Phyllis Hoyt, Claimants-AppelleesCourt of Appeals for the Fifth Circuit · 1976
  5. Napolean S. Ambromovage, Lewis Kurtz, Frank Tragus, John Brinkash, Alex Gonzales, Emmett Thomas, Nicholas J. Haydock, John D. Jillson, Joseph Fauzio, and Frank J. Galgay, Trustees of the Anthracite Health and Welfare Fund v. United Mine Workers of America, an Unincorporated Trade Union Association, Appeal of Napolean S. Ambromovage Napolean S. Ambromovage, Lewis Kurtz, Frank Tragus, John Brinkash, Alex Gonzales, Emmett Thomas, Nicholas J. Haydock, John D. Jillson, Joseph Fauzio, and Frank J. Galgay, Trustees of the Anthracite Health and Welfare Fund v. United Mine Workers of America, an Unincorporated Trade Union Association, Appeal of United Mine Workers of America, an Unincorporated Trade Union AssociationCourt of Appeals for the Third Circuit · 1984

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