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ASSOCIATED STORES, INC. v. INDUSTRIAL LOAN & INVEST. CO.

No. 8804.

313 F.2d 134 (1963)

ASSOCIATED STORES, INC., Appellant, v. INDUSTRIAL LOAN AND INVESTMENT COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1963.

Attorney(s) appearing for the Case

Howard E. Manning, Raleigh, N. C., in support of motion of appellee to dismiss appeal.

J. C. B. Ehringhaus, Jr., Raleigh, N. C., in opposition to motion.

Before SOBELOFF, Chief Judge, BRYAN, Circuit Judge, and BUTZNER, District Judge.

BUTZNER, District Judge.

Appellee moved to dismiss this appeal on the ground that notice of appeal was not filed within 30 days from the entry of judgment as required by Rule 73(a) Federal Rules of Civil Procedure.

The appeal will be dismissed, but not for failure to comply with Rule 73(a). The judgment is not final, and the appeal must be dismissed as premature.

The pertinent parts of the judgment are:

"It is ORDERED, ADJUDGED and DECREED...

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