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MARTIN v. STAPLES

No. 9476.

164 F.2d 106 (1947)

MARTIN v. STAPLES

United States Court of Appeals District of Columbia.

Decided November 10, 1947.

Attorney(s) appearing for the Case

Mr. Louis E. Spiegler, of Washington, D. C., with whom Mr. Sol M. Alpher, of Washington, D. C., was on the brief, for appellant.

Mr. John P. Labofish, of Washington, D. C., with whom Mr. Joseph George Dondero, of Washington, D. C., was on the brief, for appellee.

Before EDGERTON, Associate Justice, MARIS, Circuit Judge, and PRETTYMAN, Associate Justice.

PER CURIAM.

This appeal was taken from a jury's verdict before judgment had been entered. It is therefore premature and must be dismissed. St. Louis Amusement Co. v. Paramount Film Distributing Corp., 8 Cir., 156 F.2d 400; Federal Rules of Civil Procedure, Rule 58, 28 U.S.C.A. following section 723c. However, we have examined the record and find that the judgment would be affirmed if it were before us. Appellant is the beneficiary...

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