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  • Leah Kleiman, Administratrix of The Estate of Edward B. Johnson, Deceased v. Tidewater Mill & Elevator Co., 303 F.2d 278, 3rd Cir. (1962)

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    1. This document is an appellate court ruling from 1962 dismissing an appeal for lack of a presently appealable judgment. 2. The appeal was from a district court case involving a wrongful death suit against multiple defendants. 3. The district court had entered summary judgment dismissing the action against one defendant, Tidewater Mill & Elevator Co., but did not make the order immediately appealable under Rule 54(b) of the Federal Rules of Civil Procedure since claims remained pending against other defendants.

    Original Description:

    Filed: 1962-05-10 Precedential Status: Precedential Citations: 303 F.2d 278 Docket: 13890_1

    Original Title

    Leah Kleiman, Administratrix of the Estate of Edward B. Johnson, Deceased v. Tidewater Mill & Elevator Co., 303 F.2d 278, 3rd Cir. (1962)

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    1. This document is an appellate court ruling from 1962 dismissing an appeal for lack of a presently appealable judgment. 2. The appeal was from a district court case involving a wrongful death suit against multiple defendants. 3. The district court had entered summary judgment dismissing the action against one defendant, Tidewater Mill & Elevator Co., but did not make the order immediately appealable under Rule 54(b) of the Federal Rules of Civil Procedure since claims remained pending against other defendants.

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    Public Domain
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    Leah Kleiman, Administratrix of The Estate of Edward B. Johnson, Deceased v. Tidewater Mill & Elevator Co., 303 F.2d 278, 3rd Cir. (1962)

    Uploaded by

    Scribd Government Docs
    1. This document is an appellate court ruling from 1962 dismissing an appeal for lack of a presently appealable judgment. 2. The appeal was from a district court case involving a wrongful death suit against multiple defendants. 3. The district court had entered summary judgment dismissing the action against one defendant, Tidewater Mill & Elevator Co., but did not make the order immediately appealable under Rule 54(b) of the Federal Rules of Civil Procedure since claims remained pending against other defendants.

    Copyright:

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    of 1

    303 F.

    2d 278

    Leah KLEIMAN, Administratrix of the Estate of Edward B.


    Johnson, Deceased, Appellant,
    v.
    TIDEWATER MILL & ELEVATOR CO., Appellee.
    No. 13890.

    United States Court of Appeals Third Circuit.


    Argued April 27, 1962.
    Decided May 10, 1962.

    Appeal from the United States District Court for the Eastern District of
    Pennsylvania; William H. Kirkpatrick, Judge.
    Benjamin Pomerantz, Philadelphia, Pa., for appellant.
    Louis J. Goffman, Philadelphia, Pa. (Alan J. Davis, Philadelphia, Pa.,
    Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., on the brief), for
    appellee.
    Before HASTIE, FORMAN and SMITH, Circuit Judges.
    PER CURIAM.

    In this suit for wrongful death against several defendants, summary judgment
    was entered dismissing the action as against Tidewater Mill & Elevator Co.,
    and that defendant only. This order was not made immediately appealable in
    accordance with the provisions of Rule 54(b), Federal Rules of Civil Procedure,
    28 U.S.C.A.

    The appeal will dismissed for lack of a presently appealable judgment.

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