Coulter v. Sears, Roebuck and Co., 27086.
| Citation | 411 F.2d 1189 |
| Decision Date | 11 June 1969 |
| Docket Number | No. 27086.,27086. |
| Parties | Glenn Earl COULTER and wife Eldera Coulter, Plaintiffs, v. SEARS, ROEBUCK AND CO., Defendant-Third-Party Plaintiff-Appellant, v. WARWICK ELECTRONICS, INC., Third-Party Defendant-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Donald M. Hunt, W. Gordon Dickinson, Cecil Kuhne, Lubbock, Tex., for Coulters.
Key, Carr, Carr & Clark, Lubbock, Tex., for Sears, Roebuck & Co.
Kenneth Bowlin, Alton R. Griffin, Cade, Bowlin & Griffin, Lubbock, Tex., for Warwick Electronics, Inc.
Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge, and HUNTER, District Judge.
This is an appeal from an order dismissing a third party complaint for lack of jurisdiction over the person of the third party defendant, Warwick Electronics, Inc., under the Texas "long-arm" statute, Vernon's Ann.Tex.Rev.Civ.Stat. art. 2031b (1964). The appealability of the order depends upon an express discretionary determination by the District Court that there is no just reason for delay and an express direction for entry of judgment according to the provisions of Rule 54(b) of the Federal Rules of Civil Procedure. No such action having been taken by the District Court, the appeal will be dismissed. Peralta v. Quad Tool & Dye Supply Co., 3 Cir. 1966, 370 F.2d 103; David v. District of Columbia, 1950, 88 U.S.App.D.C. 92, 187 F.2d 204. See New Orleans Public Belt Ry. v. Wallace, 5 Cir. 1949, 173 F.2d 145.
Dismissed.
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...summary judgment is not final and therefore not appealable unless it contains a Rule 54(b) certification.1 Coulter v. Sears, Roebuck & Co. (5th Cir. 1969), 411 F.2d 1189; Campbell v. Westmoreland Farm, Inc. (2nd Cir. 1968), 403 F.2d 939; Moore's Federal Practice, Vol .9, § 110.08 1, pp. 112......
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...over Warwick in the state of Texas. Reversed and remanded. 1 Sears first attempt to gain the ear of this court was unsuccessful. 411 F.2d 1189 (1969). We now have jurisdiction by virtue of Sears's appeal from the district court's entry of final judgment dismissing Sears's third-party compla......
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