SMITH v. BENEDICT

No. 12873.

279 F.2d 211 (1960)

Addie Elizabeth SMITH, Plaintiff-Appellee, v. Eugene BENEDICT, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

June 16, 1960.


Attorney(s) appearing for the Case

Robert B. Johnstone, Leslie H. Vogel, Robert C. Vogel, Chicago, Ill., for defendant-appellant.

Louis S. Griggins, William H. DeParcq, Chicago, Ill., for appellee.

Before SCHNACKENBERG and CASTLE, Circuit Judges, and GRUBB, District Judge.


GRUBB, District Judge.

Action for personal injuries. One of the defenses interposed was the Statute of Limitations. This is an appeal from a "judgment" for plaintiff entered on a trial of the separate defense of the Statute of Limitations.

The judgment denying the defense does not adjudicate or terminate the claim on the merits. It is, therefore, not a final decision from which an appeal may be taken under Section 1291, Title 28 U.S.C.A., Final decisions of...

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