STATE MUT. LIFE, ETC. v. ARTHUR ANDERSEN & CO.

Nos. 929, 1084-85, 937, Dockets 78-7028, 78-7031, 78-7037 and 77-7385.

581 F.2d 1045 (1978)

STATE MUTUAL LIFE ASSURANCE COMPANY OF AMERICA, Citizens Mutual Insurance Company, Worcester Mutual Fire Insurance Company and The Beacon Mutual Indemnity Company, Plaintiffs-Appellees, v. ARTHUR ANDERSEN & CO., Defendant-Appellant. ARTHUR ANDERSEN & CO., Defendant and Third-Party Plaintiff-Appellant and Petitioner-Appellant, v. Joseph A. BONURA, Empire National Bank (as successor in interest to County National Bank), Jack R. Dick and Herman L. Meckler, Third-Party Defendants, Empire National Bank, Defendant, Third-Party Defendant and Petitioner-Appellant. ARTHUR ANDERSEN & CO., Defendant and Third-Party Plaintiff-Appellant, v. Joseph A. BONURA, Empire National Bank (as successor in interest to County National Bank), Jack R. Dick and Herman L. Meckler, Third-Party Defendants, Herman L. Meckler, Defendant and Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 8, 1978.


Attorney(s) appearing for the Case

Peter Fleming, Jr., New York City (John E. Sprizzo, Eliot Lauer, Lynne H. Federman, Curtis, Mallet-Prevost, Colt & Mosle, New York City, Charles W. Boand, Robert F. Forrer, Wilson & McIlvaine, Chicago, Ill., of counsel), for defendant-appellant Arthur Andersen & Co.

Douglas S. Liebhafsky, New York City (George A. Katz, Meyer G. Koplow, Theodore N. Mirvis, Wachtell, Lipton, Rosen & Katz, New York City, of counsel), for plaintiffs-appellees.

Miles F. McDonald, New York City (Jesse Climenko, Mark E. Davidson, Shea, Gould, Climenko & Casey, New York City, of counsel), for Empire Nat. Bank.

Stephen A. Marshall, New York City (Walter H. Curchack, Rubin, Baum, Levin, Constant & Friedman, New York City, of counsel), for Herman L. Meckler.

Before WATERMAN, HAYS and MANSFIELD, Circuit Judges.


MANSFIELD, Circuit Judge:

Two issues are presented by these appeals pursuant to Title 28 U.S.C. § 1292(b) from orders entered by Judge Henry F. Werker of the Southern District of New York in this multi-party action involving third party and cross claims. The first, raised by Arthur Andersen & Co. ("Andersen"), a defendant and third-party plaintiff, is whether, after a jury trial of all issues between all parties has been held pursuant to court order, despite...

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