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BIGGINS v. OLTMER IRON WORKS

No. 8892.

154 F.2d 214 (1946)

BIGGINS v. OLTMER IRON WORKS.

Circuit Court of Appeals, Seventh Circuit.

March 1, 1946.

Attorney(s) appearing for the Case

Joseph Kamfner, Edwin A. Halligan, and Samuel M. Lanoff, all of Chicago, Ill., for appellee (in support of motion).

Harlan L. Hackbert, of Chicago, Ill., for appellant (in opposition).

Before EVANS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

Plaintiff in the court below was awarded what is designated as a partial summary judgment against the defendant, Oltmer Iron Works, a corporation.1 The latter has appealed from such judgment, and plaintiff has moved to dismiss on the ground that the judgment is not final and therefore not appealable under Sec. 128 of the Judicial Code, 28 U.S.C.A. § 225.

It seems pertinent, for reasons which will subsequently...

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