TOMPKINS MOTOR LINES v. GEORGIA BROILERS

No. 17343.

260 F.2d 830 (1958)

TOMPKINS MOTOR LINES, Inc., and Ralph Rucelle Shelton, Appellants, v. GEORGIA BROILERS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

November 7, 1958.


Attorney(s) appearing for the Case

Emory F. Robinson, A. C. Wheeler, Wheeler, Robinson & Thurmond, Gainesville, Ga., for appellants.

Hammond Johnson, Jr., R. Wilson Smith, Jr., Gainesville, Ga., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a final order, entered in the course of litigation, dismissing by summary judgment a cross-action. Notwithstanding the continued pendency of the main action, the challenged order is appealable under Fed. Rules Civ.Proc. Rule 54(b), 28 U.S.C.A., which provides:

"When more than one claim for relief is presented in an action, whether as a claim, counterclaim, crossclaim, or third-party claim, the court may direct...

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