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PROPPS v. WEIHE, BLACK AND JEFFRIES

Nos. 77-2104, 77-2105.

582 F.2d 1354 (1978)

Delpha Lee PROPPS v. WEIHE, BLACK & JEFFRIES, Edwin A. Weihe, and Alexander H. Jeffries, Appellants and Cross-Appellees, v. FOURTH SKYLINE CORP., Appellee and Cross-Appellant, Charles E. Smith—Skyline Development Co., and Charles E. Smith Building Co., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1978.

Attorney(s) appearing for the Case

Ellen Patterson, Arlington, Va. (James C. Gregg, John F. Myers, Macleay, Lynch, Bernard & Gregg, Washington, D. C., on brief), for appellants in No. 77-2104 and for appellees in No. 77-2105.

Milton Eisenberg, Washington, D. C., (Fried, Frank, Harris, Shriver & Kampelman, Charles J. Pilzer, Washington, D. C., Haynie S. Trotter, Boothe, Prichard & Dudley, Fairfax, Va., on brief), for appellees in No. 77-2104 and for appellants in No. 77-2105.

Before WINTER and WIDENER, Circuit Judges, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge.

The issues presented on this appeal and cross-appeal are: (1) whether the district court abused its discretion when it dismissed a third-party complaint without prejudice to the right of the defendants-third party plaintiffs to assert in an appropriate state court the claim alleged therein; and (2) whether, as urged by one of the third-party defendants, the district court should have dismissed the third-party claim with prejudice.<...

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