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BOWLES v. COMMERCIAL CASUALTY INS. CO.

No. 4522.

107 F.2d 169 (1939)

BOWLES v. COMMERCIAL CASUALTY INS. CO.

Circuit Court of Appeals, Fourth Circuit.

November 6, 1939.

Attorney(s) appearing for the Case

Frank W. Rogers, of Roanoke, Va. (Woods, Chitwood, Coxe, Rogers & Muse, of Roanoke, Va., on the brief), for appellant.

S. King Funkhouser and Martin P. Burks, III, both of Roanoke, Va. (Ran G. Whittle and Funkhouser & Whittle, all of Roanoke, Va., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and LUMPKIN, District Judge.

PARKER, Circuit Judge.

This is an appeal from an order in a suit for a declaratory judgment directing that defendant submit to a physical examination. As no final judgment has been entered by the court below, and as we have jurisdiction of appeals only where taken from final judgments, except in cases not here material, we are of opinion that the appeal must be dismissed.

The suit was instituted by the plaintiff, Commercial Casualty Ins. Co., against an insured...

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