Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Skyline Sash Inc. v. Fidelity and Casualty Co.

April 24, 1967

SKYLINE SASH, INC., A CORPORATION OF PENNSYLVANIA, AND A CITIZEN OF THE COMMONWEALTH OF PENNSYLVANIA, PLAINTIFF,
v.
FIDELITY AND CASUALTY COMPANY OF NEW YORK, A CITIZEN OF THE STATE OF NEW YORK, DEFENDANT AND THIRD-PARTY PLAINTIFF, V. T. K. JACOB, THIRD-PARTY DEFENDANT AND THIRD-PARTY PLAINTIFF, APPELLANT, V. GROOMES CORPORATION, THIRD-PARTY DEFENDANT.



Before SMITH and FREEDMAN, Circuit Judges, and WORTENDYKE, District Judge.

Opinion OF THE COURT

Per Curiam.

The district court dismissed with prejudice the plaintiff's action against the defendant in accordance with the settlement agreement of the parties. It dismissed without prejudice the third party actions as a result of which any claims which the third parties have inter sese may still be submitted for judicial determination. Indeed we were informed at bar that new actions were thereafter instituted to maintain these claims and are now pending.

Our review of the record leaves no doubt that appellant agreed to the settlement of the plaintiff's claims. It is equally clear that whatever claim he may have as between himself and the other parties to the third party action were reserved to him by the dismissal of the third party actions without prejudice.

In these circumstances, therefore, the judgment of the court below will be affirmed.

19670424

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.