Skyline Sash, Inc. v. Fidelity & Casualty Co.
This text of 378 F.2d 369 (Skyline Sash, Inc. v. Fidelity & Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
The district court dismissed with prejudice the plaintiff’s action against the defendant in accordance with the settlement agreement of the parties. It dismissed without prejudice the third party actions as a result of which any claims which the third parties have inter sese may still be submitted for judicial determination. Indeed we were informed at bar that new actions were thereafter instituted to maintain these claims and are now pending.
Our review of the record leaves no doubt that appellant agreed to the settlement of the plaintiff’s claims. It is equally clear that whatever claim he may have as between himself and the other parties to the third party action were reserved to him by the dismissal of the third party actions without prejudice.
In these circumstances, therefore, the judgment of the court below will be affirmed.
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Cite This Page — Counsel Stack
378 F.2d 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skyline-sash-inc-v-fidelity-casualty-co-ca3-1967.