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FLEMING v. BERARDI

No. 18938.

441 F.2d 732 (1971)

Margaret Ann FLEMING, a minor, by her Guardian, Alvin H. Frankel, and Robert Fleming & Gladys, his wife v. Donna BERARDI and Anthony Berardi, Appellants. Adele ROCKEY v. Beryle A. RAYMOND, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided April 29, 1971.

Attorney(s) appearing for the Case

William T. Campbell, Swartz, Campbell & Detweiler, Philadelphia, Pa. (William J. McKinley, Jr., Philadelphia, Pa., on the brief), for appellants.

David I. Grunfeld, Steinberg, Greenstein, Richman & Price, Philadelphia, Pa., for appellees.

Before McLAUGHLIN and VAN DUSEN, Circuit Judges and HANNUM, District Judge.

OPINION OF THE COURT

PER CURIAM:

On review of the record, showing, inter alia, that the appeal challenges a district court order denying a motion to dismiss the action, we do not reach the merits.1

In accordance with Commonwealth of Pennyslvania v. Brown, 3 Cir., 373 F.2d 771, at 776, where the court said:

"It is settled that denial of a motion to dismiss, even when the motion...

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