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COLD METAL PROCESS COMPANY v. UNITED ENGINEERING & FOUNDRY COMPANY

No. 11582.

221 F.2d 115 (1955)

The COLD METAL PROCESS COMPANY and the Union National Bank of Youngstown, Ohio, Trustee, v. UNITED ENGINEERING & FOUNDRY COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided April 21, 1955.

Attorney(s) appearing for the Case

Jo. Baily Brown, Pittsburgh, Pa., for appellant, in opposition to motion to dismiss.

William H. Webb, Pittsburgh, Pa., for appellees, on motion by appellees to dismiss appeal.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

PER CURIAM.

The appellee in this case has filed a motion to dismiss the appeal of United Engineering & Foundry Company on the ground that the judgment appealed from is not final. A similar motion was made on March 21, 1955, which was granted. The order granting the motion was made "without prejudice to the right of the District Court * * * to enter a final judgment therein in accordance with the provisions of Rule 54(b) of the Federal Rules of Civil Procedure...

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