(Download) "Waters v. Western Co." by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Waters v. Western Co.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 28, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
LEWIS, Chief Judge. This case reaches us by way of appeal authorized under 28 U.S.C. § 1292(b) after certification by the trial court that an interlocutory order of that court involved a controlling question of law proper for immediate appellate consideration. The subject order was one allowing the filing of a counterclaim by a third party defendant against the plaintiff in litigation involving an automobile accident. In his petition to this court for permission to appeal an interlocutory order, plaintiff-appellant, through counsel whom this court assumed were his sole counsel of record, asserted the legal impropriety of such counterclaim as one reflecting a glaring conflict of interest on the part of counsel for the third party. Basis for this claim was the undisputed fact that counsel for the third party had represented plaintiff for some eight months in the litigation before withdrawing and reappearing as counsel for the counter-claimant. No response to the petition having been filed under Rule 5(b), Fed.R.App.P., we granted the petition. Although subsequent filings in and representations made to this court by brief and argument indicate that our grant of the appeal was improvidently made we consider the total situation to be unfortunate and one requiring some brief comment.
 "Waters v. Western Co." by United States Court of Appeals for the Tenth Circuit * eBook PDF Kindle ePub Free){kind=link}