BRENTON, J.
On April 4, 1968, by entry, this cause was assigned for trial on its merits on July 1, 1968. At the same time, this court made an interlocutory order and on April 16, 1968, plaintiff appealed from said order. The appeal was pending on the aforesaid trial date and said date was, therefore, vacated. On July 13, 1968, the Court of Appeals dismissed the appeal and the cause is now before this court for further proceedings.
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