567 F.2d 1252 (3rd Cir. 1977), 77-2303, Elfman Motors, Inc. v. Chrysler Corp.

Docket Nº:77-2303.
Citation:567 F.2d 1252
Party Name:ELFMAN MOTORS, INC., Appellant, v. CHRYSLER CORPORATION, Chrysler Motors Corporation, and Chrysler Leasing Corporation.
Case Date:December 19, 1977
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 1252

567 F.2d 1252 (3rd Cir. 1977)

ELFMAN MOTORS, INC., Appellant,

v.

CHRYSLER CORPORATION, Chrysler Motors Corporation, and

Chrysler Leasing Corporation.

No. 77-2303.

United States Court of Appeals, Third Circuit

December 19, 1977

Submitted Dec. 5, 1977.

David Berger, Warren D. Mulloy, Steven M. Kramer, Berger & Montague, Philadelphia, Pa., for appellant.

Oliver C. Biddle, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellees, Chrysler Financial Corp. and Chrysler Credit Corp.

Robert S. Ryan, Drinker, Biddle & Reath, Philadelphia, Pa., for appellees, Chrysler Corp., Chrysler Motors Corp., Chrysler Leasing Corp. and Chrysler Realty Corp.

Before WEIS and MARIS, Circuit Judges.

Page 1253

OPINION

PER CURIAM:

This is a suit brought by Elfman Motors, Inc. (herein Elfman) in the District Court for the Eastern District of Pennsylvania against Chrysler Corporation (herein Chrysler), Chrysler Motors Corporation (herein Motors), Chrysler Leasing Corporation (herein Leasing), Chrysler Financial Corporation (herein Financial), Chrysler Credit Corporation (herein Credit), and Chrysler Realty Corporation (herein Realty). On September 20, 1976, summary judgment was entered in favor of Financial and Credit on all counts of the complaint. Trial as to the remaining defendants began in February 1977. On February 28 the district court directed a verdict in favor of those defendants on certain of the claims asserted by Elfman in the complaint and the trial continued as to the remaining claims. The jury rendered its verdict against Chrysler and in favor of the remaining defendants, on which verdict judgment was entered on March 9, 1977. Motions for judgment n. o. v. and for a new trial were then made by Chrysler and on August 9, 1977 the district court granted Chrysler's motion for judgment n. o. v. On August 19, 1977, Chrysler's motion for a new trial was granted to be effective only in case the judgment n. o. v. was reversed on appeal.

Elfman filed a notice of appeal on September 1, 1977. Its caption indicated as the parties involved Elfman as plaintiff and Chrysler, Motors and Leasing as defendants. Financial and Credit were not referred to in the caption or otherwise as parties and they were not served with copies of the notice of appeal by counsel for Elfman, the appellant, who served copies only on counsel for Chrysler, Motors and...

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