Civil Procedure Keyed to Marcus
Curtiss-Wright Corporation v. General Electric Company
This dispute concerns the application of a release clause contained in each of the twenty-one agreements. Petitioner moved for summary judgment on the nineteen million dollar balance due from Respondent on the contracts. The district court granted the Motion for Summary Judgment, notwithstanding the release clause. Petitioner then moved for certification of the district court’s orders as final judgments under Rule 54(b). The court found, subject to Rule 54(b), that there was no just reason for delay. The United States Court of Appeals for the Third Circuit reversed and held that the district court had abused its discretion by granting the Rule 54(b) certification.
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