MacKethan v. Peat, Marwick, Mitchell & Co.

Fourth Circuit

MacKethan v. Peat, Marwick, Mitchell & Co.

557 F.2d 395

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 23, 1977

DocketNos. 76-1979, 76-1980

StatusPublished

Cited by14 cases

This text of 557 F.2d 395 (MacKethan v. Peat, Marwick, Mitchell & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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)

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557 F.2d 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackethan-v-peat-marwick-mitchell-co-ca4-1977.

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