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SOUTHERN PARKWAY CORP. v. LAKEWOOD PARK CORP.

No. 15063.

273 F.2d 107 (1959)

SOUTHERN PARKWAY CORPORATION, a Maryland corporation, et al., Appellants v. LAKEWOOD PARK CORPORATION, a Florida corporation, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 10, 1959.

Attorney(s) appearing for the Case

Mr. James E. Hogan, Washington, D. C., for appellants. Messrs. Arthur J. Hilland and Stanley Klavan, Washington, D. C., were on the brief for appellants. Mr. Ferdinand J. Mack, Washington, D. C., also entered an appearance for appellants.

Messrs. David G. Bress and Leonard Braman, Washington, D. C., for appellee.

Before PRETTYMAN, Chief Judge, and EDGERTON and WILBUR K. MILLER, Circuit Judges.

EDGERTON, Circuit Judge.

The District Court separated Count 1 from the rest of a complaint and advanced this count for trial. The appealed judgment deals only with this count. Rule 54(b), F.R.Civ.P., 28 U.S.C.A., provides that when more than one claim is presented in an action the court may enter "a final judgment upon one or more but less than all of the claims only upon an express determination that there is no just reason for delay and upon an express direction...

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