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ALLIS-CHALMERS CORP. v. PHILADELPHIA ELECTRIC CO.

No. 74-1936.

521 F.2d 360 (1975)

ALLIS-CHALMERS CORPORATION, Appellee, v. PHILADELPHIA ELECTRIC COMPANY, Appellant, v. ALLIS-CHALMERS CORPORATION, Defendant on Counterclaim, v. WESTINGHOUSE ELECTRIC CORPORATION, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided July 10, 1975.

Attorney(s) appearing for the Case

William T. Coleman, Jr., Richard L. Bazelon, Gary R. Leadbetter, Philadelphia, Pa., Dilworth, Paxson, Kalish, Levy & Coleman, Philadelphia, Pa., for appellant.

Philip M. Hammett, James D. Crawford, Ralph G. Wellington, Philadelphia, Pa., Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee.

Before ALDISERT, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

In this diversity case the district court: (1) granted summary judgment on the plaintiff's complaint before adjudicating the defendant's pending counterclaim; and (2) certified that judgment as final under Fed.R.Civ.P. 54(b). This appeal challenges the district court's grant of summary judgment, its 54(b) certification, and its refusal to stay enforcement of the judgment. We dismiss the appeal and hold that the...

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