Nolfi v. Chrysler Corp.

Third Circuit

Nolfi v. Chrysler Corp.

324 F.2d 373, 7 Fed. R. Serv. 2d 869

Court of Appeals for the Third Circuit·Decided November 7, 1963·No. No. 14409·Published·Cited by 11 cases

Opinion

PER CURIAM.

Mt. Lebanon Motors, Inc., a third-party defendant in two separate civil actions arising out of the same automobile accident, has appealed from an order of the district court denying its motion to consolidate the actions. The appeal must be dismissed, for the order denying consolidation is clearly interlocutory in character, see Travelers Indemnity Co. v. Miller Mfg. Co., 276 F.2d 955 (C.A. 6, 1960); Skirvin v. Mesta, 141 F.2d 668, 671-672 (C.A. 10, 1944); 5 Moore’s Federal Practice 1204, and is not within that class of interlocutory orders made appealable by 28 U.S.C. § 1292. Nor does the instant order involve rights so separable from and collateral to rights asserted in the principal actions as to make it appealable under the doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Compare, McAlister v. Guterma, 263 F.2d 65 (C.A.2, 1958).

The appeal will be dismissed.

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

PER CURIAM.

Mt. Lebanon Motors, Inc., a third-party defendant in two separate civil actions arising out of the same automobile accident, has appealed from an order of the district court denying its motion to consolidate the actions. The appeal must be dismissed, for the order denying consolidation is clearly interlocutory in character, see Travelers Indemnity Co. v. Miller Mfg. Co., 276 F.2d 955 (C.A. 6, 1960); Skirvin v. Mesta, 141 F.2d 668, 671-672 (C.A. 10, 1944); 5 Moore’s Federal Practice 1204, and is not within that class of interlocutory orders made appealable by 28 U.S.C. § 1292. Nor does the instant order involve rights so separable from and collateral to rights asserted in the principal actions as to make it appealable under the doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). Compare, McAlister v. Guterma, 263 F.2d 65 (C.A.2, 1958).

The appeal will be dismissed.

Nolfi v. Chrysler Corp., 324 F.2d 373, 7 Fed. R. Serv. 2d 869 (3d Cir. 1963).

Pincite

324 F.2d 373 (Nolfi v. Chrysler Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.