PANICHELLA v. PENNSYLVANIA RAILROAD COMPANY

No. 12292.

252 F.2d 452 (1958)

Nicola PANICHELLA v. PENNSYLVANIA RAILROAD COMPANY, Appellant (Warner Brothers Pictures, Inc., a Corporation).

United States Court of Appeals Third Circuit.

Decided February 12, 1958.


Attorney(s) appearing for the Case

John David Rhodes, Pittsburgh, Pa. (Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellant.

J. Lawrence McBride, Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

On this appeal we find it appropriate to consider a procedural question raised by the election of the trial judge to enter an order under Rule 54(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.,1 making the disposition of a third-party claim immediately appealable while the principal claim to which that third-party claim is incidental remains undecided.

The original plaintiff, Nicola Panichella, who...

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