General Time Corp. v. Padua Alarm Systems, Inc. , 199 F.2d 351 ( 1952 )

tjttp r*rn?TAi\/r PER CURIAM.

Though the court is divided in its views nonetheless there is sufficient agree-ment among its members to permit the dis-position of the case without remand. Judge CHASE and Judge CLARK, though of different opinions as to the merits of the contraversy> agree that the court has jurisdictlonto declde the case on its merits and that the Provisions of Rule 54(b), Fed.Rules Civ. Proc-> 28 U-S-C> relatlnS to judgment upon multiple claims are inapplicable. Judge BIGGS> while voting with Judge CLARK on ^ ments> 13 of the Vlew ^ the aourt *s without power to entertain the appeal be-cause he thinks that a claim within the purview of Rule 54(b)> verted by Padua, re-mams undisposed of. The positions of the Judges appear more fully m their respecBve °pini°ns

The net result is that a majority of the court (Judge CHASE and Judge CLARK) agree that the court possesses the power to adjudicate the controversy. A majority of the court (Judge BIGGS and Judge CLARK) agree that the decision on the merits should be in favor of Parissi. Ac-cordingly the judgment is reversed with the direction to the court below to enter judgment in favor of Parissi as indicated in Judge CLARK’S opinion,