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SHELDON v. WEST BEND EQUIPMENT CORP.

No. 82-5494.

718 F.2d 603 (1983)

Donald A. SHELDON, Appellant, and Ellwood-Knitting Mills, Inc. v. WEST BEND EQUIPMENT CORPORATION, a corporation, F.M.C. Corporation, a corporation, Appellees, and Alles-Southeast Corporation, a corporation. Deering-Milliken, Inc., Third Party Defendant.

United States Court of Appeals, Third Circuit.

Decided October 7, 1983.

Attorney(s) appearing for the Case

Albert G. Feczko, Jr., Feczko & Seymour, Pittsburgh, Pa., for appellant Donald A. Sheldon.

Robert S. Grigsby, Carl E. Harvison (argued), Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for appellee West Bend Equipment Corp.

Sidney R. Finkel (argued), Dusty L. Elias, Baskin & Sears, P.C., Pittsburgh, Pa., for appellee F.M.C. Corp.

Before ADAMS and GARTH, Circuit Judges, and ACKERMAN, District Judge.

OPINION OF THE COURT

HAROLD A. ACKERMAN, District Judge:

Appellant Donald A. Sheldon appeals from an order of the district court denying his motion for a new trial after a jury verdict in favor of defendants. Because we find that appellant Sheldon's employer, Ellwood-Knitting Mills, Inc., (Ellwood) was improperly joined as an involuntary plaintiff, and because we cannot conclude that this joinder was harmless, we reverse.

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