Legal Opinion

Nicola Panichella v. Pennsylvania Railroad Company, (Warner Brothers Pictures, Inc., a Corporation)

Court of Appeals for the Third Circuit

Decided February 12, 1958No. 12292_1PublishedCited by 184 opinions

1Opinion of the Court

HASTIE, Circuit Judge.

On this appeal we find it appropriate to consider a procedural question raised by the election of the trial judge to enter an order under Rule 54(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., 1 making the disposition of a third-party claim immediately appealable while the principal claim to which that third-party claim is incidental remains undecided.

The original plaintiff, Nicola Pan-ichella, who is not a party to this appeal, sued his employer, the Pennsylvania Railroad, for negligent injury under the Federal Employers’ Liability Act, 45 U. S.C.A. § 51 et…

2Cases cited10 opinions

  1. Cobbledick v. United StatesSupreme Court of the United States · 1940
  2. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  3. Dickinson v. Petroleum Conversion Corp.Supreme Court of the United States · 1950
  4. Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
  5. Cott Beverage Corporation v. Canada Dry Ginger Ale IncorporatedCourt of Appeals for the Second Circuit · 1957

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3Cited by184 opinions

  1. Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
  2. Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
  3. Professor Harriet Spiegel v. The Trustees of Tufts CollegeCourt of Appeals for the First Circuit · 1988
  4. Allis-Chalmers Corp. v. Philadelphia Electric Co.Court of Appeals for the Third Circuit · 1975
  5. Solomon v. Aetna Life Insurance Co.Court of Appeals for the Sixth Circuit · 1986

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