The Cold Metal Process Company and the Union National Bank of Youngstown, Ohio, Trustee v. United Engineering & Foundry Company
The COLD METAL PROCESS COMPANY and the Union National Bank of Youngstown, Ohio, Trustee, v. UNITED ENGINEERING & FOUNDRY COMPANY, Appellant
Subsequent history: aff'd, Cold Metal Process Co. v. United Eng'g & Foundry Co., 351 U.S. 445 (1956). (read from the later opinion; check before relying)
Opinion
PER CURIAM.
The appellee in this case has filed a motion to dismiss the appeal of United Engineering & Foundry Company on the ground that the judgment appealed from is not final. A similar motion was made on March 21, 1955, which was granted. The order granting the motion was made “without prejudice to the right of the District Court * * * to enter a final judgment therein in accordance with the provisions of Rule 54(b) of the Federal Rules of Civil Procedure [28 U.S. C.].”
Following this order United presented to the United States District Court for the Western District of Pennsylvania a motion to vacate its judgment of January 19, 1955, and to enter judgment in accordance with Rule 54(b). This was done by the district court on March 30, 1955, after argument in open court. We think the determination made under the circumstances of this case is the very kind of thing Rule 54(b) was written to provide for. We see no violation of discretion on the part of the district judge in entering it.
The motion of the appellee to dismiss will, therefore, be denied.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.