Legal Opinion
Richard A. Ash, on Behalf of Himself, and on Behalf of Bethelehem Steel Corporation v. Stewart S. Cort, and Bethlehem Steel Corporation, Nominal
Court of Appeals for the Third Circuit
Decided February 26, 1975No. 74-1836PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES HUNTER, III, Circuit Judge:
In this case we must decide whether a district court order denying a motion to perpetuate testimony pending appeal under F.R.Civ.P. 27(b) is a final order, appealable under 28 U.S.C. § 1291. 1 We conclude that it is a final order. Having jurisdiction to review the order, we must next decide whether denial of the motion to perpetuate testimony was an abuse of discretion in this case. We find no abuse of discretion and, therefore, affirm the district court’s denial of the Rule 27(b) motion.
I
Plaintiff-appellant is a shareholder in Bethlehem…
2Cases cited18 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- The Borden Company v. William Sylk and Harry S. Sylk v. Penrose Industries Corporation Sylvan Seal Milk, Inc.Court of Appeals for the Third Circuit · 1969
- Paul Martin and Verla Martin v. Reynolds Metals CorporationCourt of Appeals for the Ninth Circuit · 1961
- Texaco, Inc. v. BordaCourt of Appeals for the Third Circuit · 1967
13 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Lombard's, Inc. v. Prince Manufacturing, Inc. And Chesebrough-Pond's Inc.Court of Appeals for the Eleventh Circuit · 1985
- In Re Crateo, Inc., Bankrupt. Crateo, Inc. v. Intermark, Inc.Court of Appeals for the Ninth Circuit · 1976
- In Re Application of Lance EisenbergCourt of Appeals for the Fifth Circuit · 1981
- Petition of Hall by and Through HallSupreme Court of New Jersey · 1997
- The Penn Mutual Life Insurance Company v. United States of America and the Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 1995
76 more not listed; retrieve them via the Exa API.