Legal Opinion

Barnett W. Woodby v. The Chesapeake and Ohio Railway Company, a Virginia Corporation, and Third-Party v. Edward Laverne Burghardt, Third-Party

Court of Appeals for the Third Circuit

Decided May 20, 1965No. 16453_1PublishedCited by 6 opinions

1Opinion of the Court

HARRY PHILLIPS, Circuit Judge.

The railroad has appealed from the order of the district court dismissing its third-party complaint. Motions to dismiss the appeal have been filed by plaintiff-appellee and the third-party defendants-app ellees on the ground that the order appealed from is not a final and appealable decision under 28 U.S.C. § 1291.

The complaint was filed under the Federal Employers’ Liability Act, 45 U.S.C. § 56, averring that plaintiff, while employed as a car inspector for the railroad and while standing between two freight cars and engaged in checking and fastening the air…

2Cases cited21 opinions

  1. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  2. Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
  3. United Artists Corporation v. Masterpiece Productions, Inc., and Robert S. Benjamin, Arthur B. Krim, Seymour M. PeyserCourt of Appeals for the Second Circuit · 1955
  4. Reeves v. BeardallSupreme Court of the United States · 1942
  5. Pabellon v. Grace Line, Inc. (Coston Supply Co., Third-And-Fourth-Party Defendants)Court of Appeals for the Second Circuit · 1951

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3Cited by6 opinions

  1. Dennis D. Donovan v. Hayden, Stone, Inc.Court of Appeals for the Sixth Circuit · 1970
  2. Moorhead Construction Co., Inc., a Corporation, Appellee-Cross-Appellant v. City of Grand Forks, a Municipal Corporation, Appellant-Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1975
  3. Geier v. Hamer Enterprises, Inc.Appellate Court of Illinois · 1992
  4. Shryock v. Mitchell Concrete Products, Inc.South Dakota Supreme Court · 1973
  5. Hotel Roosevelt Co. v. City of JacksonvilleDistrict Court of Appeal of Florida · 1966

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