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ATTERBURY v. CARPENTER

No. 17753.

310 F.2d 126 (1962)

H. E. ATTERBURY, Appellant, v. A. S. V. CARPENTER, Appellee.

United States Court of Appeals Ninth Circuit.

November 16, 1962.

Attorney(s) appearing for the Case

Duncan, Brophy, Wilson & Duhaime, and Robert B. Duncan, Medford, Or., for appellant.

Roberts, Kellington, Branchfield & Heffernan, G. W. Kellington and George M. Roberts, Medford, Or., for appellee.

Before ORR, JERTBERG and MERRILL, Circuit Judges.

PER CURIAM.

In this action involving multiple parties certain issues were segregated and separately tried resulting in judgment in favor of Appellee Carpenter. This appeal was taken from such judgment.

It does not appear, however, that there has been compliance with Rule 54(b), F.R.Civ.P., and for that reason this appeal must be dismissed.

We repeat what we said in Miles v. City of Chandler, 9 Cir., 1961, 297 F.2d 690

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