Western Geophysical Company of America, Inc. v. Bolt Associates, Inc., Bolt Associates, Inc., Third-Party v. Litton Industries, Inc., Third-Party

FRIENDLY, Chief Judge:

For the second time, a motion to dismiss an appeal in this action, brought in the District Court of Connecticut, takes us into the esotérica of federal appellate jurisdiction. See Western Geophysical Company of America v. Bolt Associates, Inc., 440 F.2d 765 (2 Cir. 1971). Familiarity with our earlier opinion will be assumed.

After dismissal of Bolt’s first appeal for lack of jurisdiction, the action was tried, except for the patent issues raised by the fifth counterclaim, see 440 F.2d at 768, the antitrust issues raised in the sixth counterclaim, id. at 768-769, and, at…