Opinion

Charles Powers, Marguerite Powers v. The Southland Corporation T/a 7-Eleven Robert Yeager

  • 4 F.3d 223
  • 1993 U.S. App. LEXIS 24720
Court
Court of Appeals for the Third Circuit
Filed
Sep 24, 1993
Status
Published
On the bench
Becker, Alito, Atkins, Sloviter, Stapleton, Mansmann, Greenberg, Hutchinson, Scirica, Cowen, Nygaard, Roth, Lewis
Cited by
65 cases

holding that the state appellate court could review a district court’s pre-remand order granting joinder of a defendant

How later courts described this case

  • holding that the state appellate court could review a district court’s pre-remand order granting joinder of a defendant
  • explaining that, although under the Waco doctrine “the appeal is not barred by 28 U.S.C. § 1447 (d), we still must determine whether the district court’s decision is a ‘final decision’ within the meaning of 28 U.S.C. § 1291”
  • noting that, because the order "was interlocutory in nature, there was no opportunity for the decision to have been reviewed in the federal courts, and, as such, the decision has no preclusive effect on state courts"
  • finding that order allowing join-der would not be preclusive or unreviewable after remand

Written by the judges who cited it.

Distinguished

  • Distinguished by Michael Jones v. Gerald Lilly Wilford Smith Captain Hagler Howard L. Beyer, Louis Hagler, 37 F.3d 964 (1994)

    Although courts have consistently rejected claims that the time and expense of litigating a suit that may later be reversed are sufficient to warrant an immediate appeal, Powers, 4 F.3d at 232, the case sub judice is factually distinguishable.
    Court of Appeals for the Third CircuitNov 1, 1994Read it

The opinion

SUR PETITION FOR PANEL REHEARING AND WITH SUGGESTION FOR REHEARING IN BANC

Sept. 24, 1993.

Present SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH and LEWIS, Circuit Judges, and ATKINS, District Judge. *

The petition for rehearing filed by Appellant, having been submitted to the judges who participated in the decision of this Court and to all the other availablé circuit judges in active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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