TRASK, Circuit Judge:
This is a direct appeal from an order granting the defendants-appellees' motion for summary judgment pursuant to Fed.R.Civ.P. 56(c). The order as drawn provides that "the complaint of the plaintiffs . . . be and the same is hereby dismissed." C.R. 959-60. However, neither the appellants nor the appellees have questioned but that the action itself was dismissed. The appellants treated it as a final judgment and so described it in their notice...
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