BURLESON v. CANADA

No. 8196.

285 F.2d 264 (1961)

Letha C. BURLESON, Appellant, v. I. S. CANADA and Mrs. C. C. Canada, Individually and as Partners, d/b/a Canada Lumber Company, and James D. McCrae, d/b/a McCrae Trucking Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 13, 1961.


Attorney(s) appearing for the Case

Kermit S. King, Columbia, S. C. (Edens, Hammer & Glenn, and William E. Chandler, Jr., Columbia, S. C., on brief), for appellant.

Heyward E. McDonald, Columbia, S. C. (Turner, Padget, Graham & McDonald and R. E. Harrell, Columbia, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and FIELD, District Judge.


SOPER, Circuit Judge.

This suit for personal injuries comes before us on an appeal by the plaintiff from an order of the District Judge whereby a motion of the plaintiff for summary judgment was denied and a motion of two of the three defendants for summary judgment was granted, and the case as to the third defendant was retained on the docket for trial. In our opinion the appeal must be dismissed as premature.

The motions for summary judgment were considered...

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