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COWGER v. ARNOLD

No. 71-1096.

460 F.2d 219 (1972)

Wanda COWGER, Appellant, v. William H. ARNOLD v. Josephine Joyce COWGER.

United States Court of Appeals, Third Circuit.

Decided May 3, 1972.

As Amended June 12, 1972.

Attorney(s) appearing for the Case

Joseph M. Ludwig, Ludwig, Talenti, Wilson & Sullivan, Pittsburgh, for appellant.

William C. Porter, Washington, Pa., for appellee.

Before ADAMS and JAMES ROSEN, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

STAPLETON, District Judge.

This is a diversity action arising from an automobile accident. The appeal is from an order denying a motion of the plaintiff below for a new trial. Technically the appeal should have been from the final judgment entered for the defendant. However, since the motion for a new trial and the notice of appeal were timely filed, we may and do treat this matter as an appeal from the final judgment. John E. Smith...

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