Tompkins Motor Lines, Inc., and Ralph Rucelle Shelton v. Georgia Broilers, Inc.

TUTTLE, Circuit Judge.

This is an appeal from a final order, entered in the course of litigation, dismissing by summary judgment a cross-action. Notwithstanding the continued pendency of the main action, the challenged order is appealable under Fed.Rules Civ.Proc. Rule 54(b), 28 U.S.C.A., which provides:

“When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, the court may direct the entry of a final judgment upon one or more but less than all of the claims only upon an express determination that there is no just…