Legal Opinion

Allis-Chalmers Corp. v. Philadelphia Electric Co.

Court of Appeals for the Third Circuit

Decided July 10, 1975No. 74-1936PublishedCited by 161 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

In this diversity case the district court: (1) granted summary judgment on the plaintiff’s complaint before adjudicating the defendant’s pending counterclaim; and (2) certified that judgment as final under Fed.R.Civ.P. 54(b). This appeal challenges the district court’s grant of summary judgment, its 54(b) certification, and its refusal to stay enforcement of the judgment. We dismiss the appeal and hold that the certification of the district court’s grant of summary judgment as final under Rule 54(b) of the Federal Rules of Civil Procedure must be…

2Cases cited16 opinions

  1. City of Detroit v. Grinnell Corporation, Manhattan-Ward, Incorporated v. Grinnell Corporation, 1225 Vine Street Building, Inc. v. Grinnell CorporationCourt of Appeals for the Second Circuit · 1974
  2. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  3. Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
  4. Cold Metal Process Co. v. United Engineering & Foundry Co.Supreme Court of the United States · 1956
  5. Nicola Panichella v. Pennsylvania Railroad Company, (Warner Brothers Pictures, Inc., a Corporation)Court of Appeals for the Third Circuit · 1958

11 more not listed; retrieve them via the Exa API.

3Cited by161 opinions

  1. Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
  2. Girsh v. JepsonCourt of Appeals for the Third Circuit · 1975
  3. Jacqueline P. Taylor v. Federal Deposit Insurance Corporation and Ricki Helfer, Chairman, FdicCourt of Appeals for the D.C. Circuit · 1997
  4. Myers v. American Dental Ass'nCourt of Appeals for the Third Circuit · 1982
  5. Professor Harriet Spiegel v. The Trustees of Tufts CollegeCourt of Appeals for the First Circuit · 1988

156 more not listed; retrieve them via the Exa API.

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