Falls Industries, Inc. v. Consolidated Chemical Industries, Inc., and D. C. Hall Transport, Inc.

WISDOM, Circuit Judge.

This is a three-cornered dispute involving a seller, a buyer, a carrier — and goods damaged in transit. Besides the basic question of liability, the appeal presents a serious procedural question: Is a third-party defendant properly before this Court on appeal, when the original plaintiff did not assert a claim against the third-party defendant by amending its complaint or by filing a new pleading and the third-party plaintiff has not appealed from the judgment of the lower court dismissing the third-party action?

Falls Industries, Inc., the manufacturer-seller, filed suit…