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LEHRER v. McCLOSKEY HOMES, INC.

No. 12240.

245 F.2d 11 (1957)

Lewis LEHRER and Eleanor B. Lehrer, His Wife, Appellants, v. McCLOSKEY HOMES, Inc. and McCloskey & Co. of Florida.

United States Court of Appeals Third Circuit.

Decided June 4, 1957.

Attorney(s) appearing for the Case

Donald Bowman, Bernard J. Korman, Philadelphia, Pa. (Gold & Bowman, Philadelphia, Pa., on the brief), for appellants.

J. Dress Pannell, Harrisburg, Pa., Lawrence D. Biele, Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, MARIS, Circuit Judge, and KRAFT, District Judge.

BIGGS, Chief Judge.

This is the second time this case has come before us. On the first occasion we dismissed the appeal at our No. 11,954 because the court below had not seen fit to make the determination and the order required by Rule 54(b), F.R.Civ. Proc., 28 U.S.C., and hence we had no final decision before us within the purview of 28 U.S.C. § 1291, 3 Cir., 242 F.2d 190. The court below has now entered an order within the...

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