The Cold Metal Process Co. & the Union Nat'l Bank of Youngstown, Ohio, Tr. v. United Eng'g & Foundry Co., 221 F.2d 115 (3rd Cir. 1955). · Go Syfert
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The Cold Metal Process Co. & the Union Nat'l Bank of Youngstown, Ohio, Tr. v. United Eng'g & Foundry Co., 221 F.2d 115 (3rd Cir. 1955). Cases Citing This Book View Copy Cite
34 citation events across 12 distinct courts.
Strongest positive: Locafrance U. S. Corp. v. Intermodal Systems Leasing, Inc. · Strongest negative: Dura Electric Lamp Co. v. Westinghouse Electric Corp. (ca3, 1957-11-08)
Treatment trajectory · 1955 → 2026 · click a year to view as-of
1955 1990 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited "but see" Dura Electric Lamp Co. v. Westinghouse Electric Corp.
3rd Cir. · 1957 · signal: but see · confidence high
But see Stella v. Kaiser, 2 Cir., 221 F.2d 115 , certiorari denied 1955, 350 U.S. 835 , 76 S.Ct. 71 , 100 L.Ed. 745 .
cited Cited "but see" Dura Electric Lamp Company, Inc. v. Westinghouse Electric Corporation
3rd Cir. · 1957 · signal: but see · confidence high
But see Stella v. Kaiser, 2 Cir., 221 F.2d 115 , certiorari denied 1955, 350 U.S. 835 , 76 S.Ct. 71 , 100 L.Ed. 745 .
cited Cited as authority (rule) Locafrance U. S. Corp. v. Intermodal Systems Leasing, Inc.
unknown court · 1977 · confidence medium
Stella v. Kaiser, 221 F.2d 115, 116 (2d Cir.) (L.
examined Cited as authority (rule) Sophie Ruskay v. Chauncey L. Waddell (4×) also: Cited "see"
2d Cir. · 1977 · confidence medium
Stella v. Kaiser, supra, 221 F.2d at 116 (L.
cited Cited as authority (rule) Ayers v. Pastime Amusement Company
D.S.C. · 1966 · confidence medium
See also Dale Hilton, Inc. v. Triangle Publications, Inc., 198 F.Supp. 638 (E.D.Pa.1961); Stella v. Kaiser, 221 F.2d 115 *362 (2d Cir. 1955), cert. den. 350 U.S. 835 , 76 S.Ct. 71 , 100 L.Ed. 745 .
Retrieving the full opinion text from the archive…
The COLD METAL PROCESS COMPANY and the Union National Bank of Youngstown, Ohio, Trustee,
v.
UNITED ENGINEERING & FOUNDRY COMPANY, Appellant
11582.
Court of Appeals for the Third Circuit.
Apr 21, 1955.
221 F.2d 115
Jo. Baily Brown, Pittsburgh, Pa., for appellant, in opposition to motion to dismiss., William H. Webb, Pittsburgh, Pa., for appellees, on motion by appellees to dismiss appeal.
Goodrich, McLAUGHLIN, Per Curiam, Staley.
Cited by 3 opinions  |  Published
PER CURIAM.

The appellee in this case has filed a motion to dismiss the appeal of United Engineering & Foundry Company on the ground that the judgment appealed from is not final. A similar motion was made on March 21, 1955, which was granted. The order granting the motion was made “without prejudice to the right of the District Court * * * to enter a final judgment therein in accordance with the provisions of Rule 54(b) of the Federal Rules of Civil Procedure [28 U.S. C.].”

Following this order United presented to the United States District Court for the Western District of Pennsylvania a motion to vacate its judgment of January 19, 1955, and to enter judgment in accordance with Rule 54(b). This was done by the district court on March 30, 1955, after argument in open court. We think the determination made under the circumstances of this case is the very kind of thing Rule 54(b) was written to provide for. We see no violation of discretion on the part of the district judge in entering it.

The motion of the appellee to dismiss will, therefore, be denied.