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REPOLA v. MORBARK INDUSTRIES, INC.

Nos. 92-5172, 92-5293.

980 F.2d 938 (1992)

Daniel M. REPOLA; D.R. Firewood, a sole proprietorship; Irene Stevens Repola, his wife v. MORBARK INDUSTRIES, INC., a corporation of the State of Michigan; Morbark Pennsylvania, Inc., a corporation of the State of Pennsylvania, Morbark Industries, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided December 3, 1992.

Attorney(s) appearing for the Case

Thomas R. O'Brien (argued), Wolff & Samson, Roseland, N.J., for appellant.

Paul E. Graham (argued), Pitney, Hardin, Kipp & Szuch, Morristown, N.J., for appellees.

Before SLOVITER, Chief Judge, STAPLETON and LAY, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

Defendant Morbark Industries, Inc. has filed an interlocutory appeal certified pursuant to 28 U.S.C. § 1292(b). It challenges the district court's order requiring that it participate in a retrial of plaintiff's products liability claims despite the fact that it was found not liable by the jury at the first trial and was not a party to the appeal taken by its co-defendant.

I.

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