Legal Opinion

Norris Manufacturing Company v. R. E. Darling Co., Inc.

Court of Appeals for the Fourth Circuit

Decided March 25, 1963No. 8720_1PublishedCited by 12 opinions

1Opinion of the Court

HAYNSWORTH, Circuit Judge.

In an effort to avoid partial execution upon a judgment against it, the judgment-debtor has appealed, contending that the judgment is not a final, appeal-able order. We find that it was, and that there was no abuse of discretion when the District Judge required a partial payment upon it.

The defendant, R. E. Darling Co., Inc., is a manufacturer of high altitude, oxygen, breathing hoses and equipment. The plaintiff, one of its suppliers, brought this action for the recovery of $101,658.28 for goods sold and delivered by the plaintiff to the defendant. The defendant…

2Cases cited2 opinions

  1. Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
  2. Walter W. Johnson Company v. Reconstruction Finance CorporationCourt of Appeals for the Ninth Circuit · 1955

3Cited by12 opinions

  1. Bank of Lincolnwood, an Illinois Banking Corporation v. Federal Leasing, Inc., a Maryland CorporationCourt of Appeals for the Seventh Circuit · 1980
  2. Williams v. Bernhardt Bros. Tugboat Service, Inc.Court of Appeals for the Seventh Circuit · 1966
  3. Seminole Indians of Florida v. United StatesUnited States Court of Claims · 1973
  4. GRAHAM ASSOCIATES, INCORPORATED v. FellDistrict of Columbia Court of Appeals · 1963
  5. Grover T. Davis, Jr., and Mrs. Hildegarde Matthews and Mrs. Mary Kathleen McIntyre v. Vernie WilliamsCourt of Appeals for the Fourth Circuit · 1963

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