FALLS INDUSTRIES, INC., v. CONSOLIDATED CHEM. INDUS., INC.

No. 16887.

258 F.2d 277 (1958)

FALLS INDUSTRIES, INC., Appellant, v. CONSOLIDATED CHEMICAL INDUSTRIES, INC., and D. C. Hall Transport, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

August 6, 1958.


Attorney(s) appearing for the Case

Victor A. Sachse, Breazeale, Sachse, Wilson & Hebert, Baton Rouge, La., for appellant.

C. W. Phillips, Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., Robert A. Ainsworth, Jr., New Orleans, La., Calvin E. Hardin, Jr., Baton Rouge, La., Ainsworth & Ainsworth, New Orleans, La., Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, La., of counsel, for appellees.

Before RIVES, BROWN, and WISDOM, Circuit Judges.


WISDOM, Circuit Judge.

This is a three-cornered dispute involving a seller, a buyer, a carrier — and goods damaged in transit. Besides the basic question of liability, the appeal presents a serious procedural question: Is a third-party defendant properly before this Court on appeal, when the original plaintiff did not assert a claim against the third-party defendant by amending its complaint or by filing a new pleading and the third-party plaintiff has not...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases