GANEY, Circuit Judge.
This matter comes before the court on the appellee-third-party defendant's motion to dismiss the appeal of the defendant taken on April 10, 1964, from the denial of his motion for a new trial on October 10, 1963.
The history of the litigation is as follows: On October 1, 1959, the plaintiff, James Thompson, filed a complaint in the United States District Court for the Eastern District of Pennsylvania, alleging
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