Legal Opinion · Concurrence

Pabellon v. Grace Line, Inc. (Coston Supply Co., Third-And-Fourth-Party Defendants)

Court of Appeals for the Second Circuit

Decided December 3, 1951No. 264, Docket 22000Published

1ConcurrenceFrank, Circuit Judge

1. I agree that, in the light of Reeves v. Beardall, 1942, 316 U.S. 283, 62 S.Ct. 1085, 86 L.Ed. 1478, the order here, dismissing the third-party and fourth-party complaints filed by the several defendants, is so independent of any subsequent final order as to plaintiff’s complaint that the order would have been final, and therefore appealable, before the amendment of Rule 54(b) in 1948. I agree, too, that that amended Rule applies exclusively to cases where there are multiple claims. I also agree that the Rule has this effect: If, in a multiple-claims case, the trial judge fails to enter a…

2Cases cited38 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. United States v. SherwoodSupreme Court of the United States · 1941
  3. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  4. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  5. Ex Parte PetersonSupreme Court of the United States · 1920

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