C B S STEEL & FORGE CO.
v.
SHULTZ ET AL.
PER CURIAM.
Howard Lane and Harold W. Gentis brought an action against appellant. Appellant, as a third-party plaintiff, served a third-party complaint on Gordon W. Shultz, Ernest Puetz and Lee McCoy, as third-party defendants. See Rule 14(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Shultz, Puetz and McCoy moved to dismiss the third-party complaint for lack of jurisdiction and for failure to state a claim upon which relief could be granted. From an order (improperly called a judgment) granting the motion and dismissing the third-party complaint, appellant has ap>pealed. That order was not a final decision, within the meaning of 28 U.S.C.A. § 1291, and was not appealable. Baltimore & Ohio R. R. Co. v. United Fuel Gas Co., 4 Cir., 154 F. 2d 545; County Bank v. First National Bank, 4 Cir., 184 F. 2d 152. Therefore the appeal is dismissed.
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Hotel Roosevelt Co., Inc. v. City OF Jacksonville, 192 So. 2d 334 (Fla. 1st DCA 1966)
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Ford Motor Co. v. Milby, 210 F.2d 137 (4th Cir. 1954)
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Sechrist v. Dyke, 256 F.2d 881 (4th Cir. 1958)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baltimore & O. R. Co. v. United Fuel GAS Co., 154 F.2d 545 (4th Cir. 1946)
- Cnty. Bank v. First Nat'l Bank of Atlanta, 184 F.2d 152 (4th Cir. 1950)