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RUSSELL v. BARNES FOUNDATION

No. 8393.

136 F.2d 654 (1943)

RUSSELL v. BARNES FOUNDATION.

Circuit Court of Appeals, Third Circuit.

Decided June 25, 1943.

Attorney(s) appearing for the Case

Robert T. McCracken, of Philadelphia, Pa. (Samuel Fessenden, of Philadelphia, Pa., on the brief), for appellant.

Thomas Raeburn White, of Philadelphia, Pa., for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

PER CURIAM.

In this case the district court entered a summary judgment in favor of the plaintiff and against the defendant under Civil Procedure Rule 56, 28 U.S.C.A. following section 723c, and ordered that the case proceed to trial for the determination of the amount of damages to which the plaintiff is entitled. From the order thus entered the defendant took the present appeal.

The plaintiff has moved to dismiss the appeal upon the ground that the order...

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