Legal Opinion
Schwab v. Erie Lackawanna Railroad
Court of Appeals for the Third Circuit
Decided February 2, 1971No. 18701PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
May a defendant who properly im-pleads third-parties on the ground that *64they are “or may be liable to him for all or part of the plaintiff’s claim against him”, Fed.R.Civ.Pro. 14, also include, in the absence of an independent jurisdictional basis, a separate claim for property damages which, although not the subject of the original plaintiff’s claim, arose out of the same occurrence? This is the specific question posed by this appeal from the district court’s dismissal of the third-party plaintiff’s claim against the third-party defendants for…
2Cases cited23 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959
- United States v. Joe Grasso & Son, Inc.Court of Appeals for the Fifth Circuit · 1967
- DeHaas v. Empire Petroleum CompanyDistrict Court, D. Colorado · 1968
- Luther W. Borror, Administrator of the Estate of Bonita Ann Curtician, Deceased v. Sharon Steel Company, a CorporationCourt of Appeals for the Third Circuit · 1964
18 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Otto T. Schwab v. Erie Lackawanna Railroad CompanyCourt of Appeals for the Third Circuit · 1971
- United States v. City of Twin FallsCourt of Appeals for the Ninth Circuit · 1986
- United States v. The City of Twin Falls, Idaho, the City of Twin Falls, Idaho, Third-Party v. Hamilton and Voeller, Inc., an Idaho Corporation Detweiler Bros., Inc., an Idaho Corporation Envirotech Corporation, D/B/A Envirotech Systems, Inc., a Foreign Corporation Doing Business in Idaho, Third-Party Defendants/ United States of America v. The City of Twin Falls, Idaho, the City of Twin Falls, Idaho, Third-Party v. Hamilton and Voeller, Inc., an Idaho Corporation, Third-Party and Envirotech Corporation, D/B/A Envirotech Systems, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1986
- Serritella v. EngelmanDistrict Court, D. New Jersey · 1972
- Boryan v. United StatesDistrict Court, E.D. Virginia · 1988
2 more not listed; retrieve them via the Exa API.