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NACHTMAN v. CRUCIBLE STEEL CO. OF AMERICA

No. 9533.

165 F.2d 997 (1948)

NACHTMAN v. CRUCIBLE STEEL CO. OF AMERICA.

Circuit Court of Appeals, Third Circuit.

Decided January 28, 1948.

Rehearing Denied February 24, 1948.

Attorney(s) appearing for the Case

Raymond J. McElhannon, of New York City (McCarter, English & Studer and James R. E. Ozias, all of Newark, N. J., on the brief), for defendant-appellant.

Ella Graubart, of Pittsburgh, Pa., for appellee.

Before GOODRICH, McLAUGHLIN and O'CONNELL, Circuit Judges.

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...

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