MacKethan v. Peat, Marwick, Mitchell & Co.

Fourth Circuit

MacKethan v. Peat, Marwick, Mitchell & Co.

557 F.2d 395

Court of Appeals for the Fourth Circuit·Decided May 23, 1977·No. Nos. 76-1979, 76-1980·Published·Cited by 14 cases

Opinions

PER CURIAM:

Peat, Marwick, Mitchell & Company appeal the orders of the district court dismissing a third party complaint against Norfolk Savings and Loan Corporation and its receiver and refusing to disqualify counsel for the receiver and depositors. We conclude that the order denying disqualification of counsel is appealable because it is a final order collateral to the main proceeding. Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp., 496 F.2d 800 (2d Cir. 1974). Contra, Community Broadcasting v. FCC, 546 F.2d 1022 (D.C.Cir. 1976). Although dismissal of a third party complaint is ordinarily not appealable, we will consider the order under the doctrine of pendent jurisdiction. On the merits, the district court committed no error.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Peat, Marwick, Mitchell & Company appeal the orders of the district court dismissing a third party complaint against Norfolk Savings and Loan Corporation and its receiver and refusing to disqualify counsel for the receiver and depositors. We conclude that the order denying disqualification of counsel is appealable because it is a final order collateral to the main proceeding. Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp., 496 F.2d 800 (2d Cir. 1974). Contra, Community Broadcasting v. FCC, 546 F.2d 1022 (D.C.Cir. 1976). Although dismissal of a third party complaint is ordinarily not appealable, we will consider the order under the doctrine of pendent jurisdiction. On the merits, the district court committed no error.

Affirmed.

MacKethan v. Peat, Marwick, Mitchell & Co., 557 F.2d 395 (4th Cir. 1977).

Pincite

557 F.2d 395 (MacKethan v. Peat, Marwick, Mitchell & Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Edwin R. MacKethan Receiver of the Norfolk Savings and Loan Corporation v. Peat, Marwick, Mitchell & Company and Its Individual Partners, Leon C. Hall, Frank F. Warren, A. Page Ware, Jr., Charles H. McCoy Sr., F. Littleton Powell, United Seaboard Bank/seaboard National and Mrs. Daniel M. Thornton, as Executors of the Estate of Daniel M. Thornton, Deceased, Shirley A. Alexander v. Peat, Marwick, Mitchell and Company and Its Individual Partners v. Edwin R. MacKethan Receiver of Norfolk Savings and Loan Corporation, and Norfolk Savings and Loan Corporation, Thomas L. Hofheimer, Amicus Curiae

557 F.2d 395 (Fourth Circuit, 1977)

Opinions

Related