Coulter v. Sears, Roebuck and Co.

Full title: Glenn Earl COULTER and wife Eldera Coulter, Plaintiffs, v. SEARS, ROEBUCK…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 11, 1969

411 F.2d 1189 (5th Cir. 1969)

Opinion

No. 27086.

June 11, 1969. Rehearing Denied June 11, 1969.

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.

PER CURIAM:

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.