The First Jersey National Bank, in No. 82-5620, in No. 82-5662 v. Dome Petroleum Limited and Dome Energy Limited, in No. 82-5620, in No. 82-5662

OPINION OF THE COURT

SEITZ, Chief Judge.

I

In this diversity case, Dome Petroleum Limited and Dome Energy Limited (“Dome”) appeal an order granting a partial summary judgment which directs Dome to indemnify The First Jersey National Bank (“First Jersey”). Dome also appeals *337the district court’s order denying its motion for permission to file a counterclaim against First Jersey for breach of a depositary agreement. The district court certified both orders under Fed.R.Civ.P. 54(b). This court has jurisdiction over Dome’s appeals under 28 U.S.C. § 1291 (1976).

First Jersey appeals the district…