Nachtman v. Crucible Steel Co. of America

O’CONNELL, Circuit Judge.

The narrow issue which we are called upon to decide is whether an order dismissing defendant’s counterclaim and amended counterclaim “on the merits with prejudice” may be appealed separately, or whether such appeal must await adjudication of the claim asserted in plaintiff’s complaint. If the counterclaim and amended counterclaim are “compulsory” within the meaning of Rule 13(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, plaintiff’s motion to dismiss defendant’s appeal must be granted; if the counterclaim and amended counterclaim are…