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REVERE COPPER & BRASS INC. v. AETNA CAS. & SUR. CO.

No. 28413.

426 F.2d 709 (1970)

REVERE COPPER AND BRASS INCORPORATED, Plaintiff-Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant and Third-Party Plaintiff, v. GEORGE A. FULLER COMPANY, Inc., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 8, 1970.

Attorney(s) appearing for the Case

Lee & Lee, Joseph A. Lee, Scottsboro, Ala., Raymond L. Falls, Jr., Cahill, Gordon, Sonnett, Reindel & Ohl, Floyd Abrams, New York City, for appellant.

L. Tennent Lee, III, Huntsville, Ala., for appellee.

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge.

This is an interlocutory appeal brought pursuant to Title 28, U.S.C. § 1292(b), from an order of the District Court for the Northern District of Alabama denying a motion by Revere Copper and Brass Incorporated (hereafter Revere) the original plaintiff in the case below, to dismiss for want of jurisdiction a "counterclaim" under Rule 14(a), Federal Rules of Civil Procedure, brought against it by the George A. Fuller Company, Inc...

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