JOHNSTON v. CARTWRIGHT

No. 17898.

344 F.2d 773 (1965)

Robert W. JOHNSTON, Appellant, v. H. G. CARTWRIGHT, Appellee.

United States Court of Appeals Eighth Circuit.

April 29, 1965.


Attorney(s) appearing for the Case

Burns H. Davison, II, Des Moines, Iowa, filed motion to dismiss for appellee.

Lex Hawkins, Des Moines, Iowa, filed resistance to motion to dismiss for appellant.

Before JOHNSEN, Chief Judge, and MATTHES, Circuit Judge.


PER CURIAM.

The motion of appellee to dismiss the appeal for want of "any order from which an appeal lies" [Rule 54(a), Rules of Civil Procedure, 28 U.S.C.A.] is denied.

The appeal was taken from an order of the District Court which dismissed an action for libel as to one of the three defendants against whom it had been jointly brought, on the ground of failure of the complaint to state a claim upon which relief could be granted as to such defendant (appellee...

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