FAHY, Circuit Judge.
This is an appeal from an order of the District Court dismissing the action for lack of jurisdiction. The case was argued here both on the merits and on the appellee's motion to dismiss the appeal for lack of appellate jurisdiction on the ground that the cause had abated while pending in the District Court prior to the entry of judgment. The disposition which we make of the case at this time requires only a brief statement of the facts.
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