Peralta v. Quad Tool and Dye Supply Co., 15859.
Decision Date | 23 November 1966 |
Docket Number | No. 15859.,15859. |
Parties | Victor A. PERALTA v. QUAD TOOL AND DYE SUPPLY CO., Third-Party Defendant-Appellant, v. ALVA ALLEN INDUSTRIES, Third-Party Defendant-Appellee. |
Court | U.S. Court of Appeals — Third Circuit |
Edgar E. Moss, II, Camden, N. J., for appellant.
Michael Patrick King, Camden, N. J. (Kisselman, Devine, Deighan & Montano, Camden, N. J., on the brief), for appellee.
Before FORMAN, FREEDMAN and SEITZ, Circuit Judges.
The appellant, Quad Tool and Dye Co. (hereinafter Quad), a New Jersey corporation, was sued in the United States District Court for the District of New Jersey by the original plaintiff, Victor A. Peralta, a Pennsylvania resident, who alleged that he was injured as a result of a defect in a machine sold to his employer through Quad. Quad served, by certified mail, a third-party complaint against the appellee, Alva Allen Industries, a Missouri corporation, charging it with negligent design of the machine and seeking indemnity and contribution in the event of a verdict against it as original defendant. The plaintiff then joined Alva Allen as a co-defendant by amended complaint served similarly.
On a motion by Alva Allen, the District Court ordered that the service of process effected upon it under the New Jersey "long-arm" statute, New Jersey R.R. 4:4-4(d), be quashed on the ground that Alva Allen had insufficient contacts with the State of New Jersey and thus the service was not consonant with due process of law. The present appeal is from this order.
Neither party raised any objection to the jurisdiction of this court; both, indeed, urged in oral argument that the matter be resolved now. Commitment, however, to rules regulating the efficient allocation of judicial resources requires a determination whether the adjudication of the District Court is properly before us. Flegenheimer v. Manitoba Sugar Co., Ltd., 182 F.2d 742 (2 Cir. 1950). We think it is not.
While an order quashing service of process is ordinarily appealable, Edwin Raphael Co. v. Maharam Fabrics Corp., 283 F.2d 310 (7 Cir. 1960); 6 Moore, Federal Practice § 54.12 (1965), where, as here, it occurs during the course of multiparty litigation, the balance between piecemeal review and expeditious resolution of civil disputes is struck by making the appealability of the adjudication depend upon discretionary determinations of the District Court, as provided by Rule 54(b) of the Federal Rules of Civil Procedure, as follows:
...
To continue reading
Request your trial-
Olmstead v. Cattle, Inc.
...v. Webb, 406 F.2d 1275 (9th Cir. 1969); Aetna Insurance Company v. Newton, 398 F.2d 729 (3rd Cir. 1968); Peralta v. Quad Tool and Dye Supply Co., 370 F.2d 103 (3rd Cir. 1966); Schnur & Cohan, Inc., v. McDonald, 328 F.2d 103 (4th Cir. 1964); Rinker v. Local Union No. 24 of Amalgamated Lithog......
- Pigg v. Patterson
-
Coulter v. Sears, Roebuck and Co., 27086.
...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......
-
Aetna Insurance Company v. Newton, 17037.
...hallmark of finality, the circuit court has no jurisdiction to consider the case". To the same effect see Peralta v. Quad Tool and Dye Supply Co., 370 F.2d 103, 105 (3 Cir. 1966); McDonald v. Pennsylvania R.R. Co., 210 F.2d 524, 526 n. 2, 531 (3 Cir. 1954); Matanuska Valley Lines, Inc. v. N......