Opinion · Court of Appeals for the Third Circuit

Sullivan v. Delaware River Port Authority

Sullivan v. Del. River Port Auth., 407 F.2d 58 (3d Cir. 1969)

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1969-02-10
Topic
general

OPINION OF THE COURT Before HASTIE, Chief Judge, and McLAUGHLIN and STAHL, Circuit Judges. PER CURIAM. In this negligence action the district court granted summary judgment in favor of some, but not all, of the defendants. This appeal has been taken from that judgment while claims against other parties remain unadjudicated in the trial court. Such a judgment on less than all of the claims in suit is not final or appealable unless made so in the manner prescribed in Rule 54(b), Federal Rules of Civil Procedure.

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Cited by
5 opinions
SULLIVAN v. DELAWARE RIVER PORT AUTHORITY,407 F.2d 58(3rd Cir. 1969)
Francis F. SULLIVAN, Appellant, v. DELAWARE RIVER PORT AUTHORITY, Patrick
Joseph McKeown, Francis McKeown, Isaac Waldman, Warnell Gamble and Delois
Gamble v. POTAMKIN CHEVROLET CO., Inc. and General Motors Corporation
(Third-Party Defendants).
No. 17385.
United States Court of Appeals, Third Circuit.
Argued January 23, 1969.
Decided February 10, 1969.
James A. Burgess, Jr., Philadelphia, Pa., for appellant.

Harold B. Marcus, Detweiler, Sherr Hughes, Philadelphia, Pa. (Howard R. Detweiler, Philadelphia, Pa., on the brief), for appellee, Patrick Joseph McKeown and Francis McKeown.

William J. McKinley, Jr., Swartz, Campbell Detweiler, Philadelphia, Pa., for Potamkin Chevrolet, Inc.
OPINION OF THE COURT
Before HASTIE, Chief Judge, and McLAUGHLIN and STAHL, Circuit Judges.
PER CURIAM.
In this negligence action the district court granted summary judgment in favor of some, but not all, of the defendants. This appeal has been taken from that judgment while claims against other parties remain unadjudicated in the trial court.

Such a judgment on less than all of the claims in suit is not final or appealable unless made so in the manner prescribed in Rule 54(b), Federal Rules of Civil Procedure. There has been no compliance with Rule 54(b) in this case.

The appeal will be dismissed for lack of jurisdiction.Page 59