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WOODBY v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 16453.

345 F.2d 668 (1965)

Barnett W. WOODBY, Plaintiff-Appellee, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a Virginia corporation, Defendant and Third-Party Plaintiff-Appellant, v. Edward LaVerne BURGHARDT et al., Third-Party Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

May 20, 1965.

Attorney(s) appearing for the Case

William G. Comb, Detroit, Mich., Francis H. Monek and John J. Naughton, Chicago, Ill., for third-party defendants-appellees, on motion to dismiss appeal.

Feikens, Dice, Sweeney & Sullivan, Detroit, Mich., for plaintiff-appellee, on affidavit in support of motion to dismiss appeal.

Walter A. Kleinert, Robert A. Straub, Detroit, Mich., for defendant and third-party plaintiff-appellant, on brief in opposition to motions to dismiss appeal.

Before CECIL, O'SULLIVAN and PHILLIPS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

The railroad has appealed from the order of the district court dismissing its third-party complaint. Motions to dismiss the appeal have been filed by plaintiff-appellee and the third-party defendants-appellees on the ground that the order appealed from is not a final and appealable decision under 28 U.S.C. § 1291.

The complaint was filed under the Federal Employers' Liability Act, 45 U.S.C. § 56, averring that plaintiff...

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