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COMMUNICATIONS WKRS. OF AMER. v. UNITED TEL. CO. OF OHIO

No. 73-1840.

491 F.2d 207 (1974)

COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, Plaintiff-Appellee, v. UNITED TELEPHONE COMPANY OF OHIO, Defendant-Appellant,

United States Court of Appeals, Sixth Circuit.

February 7, 1974.

Attorney(s) appearing for the Case

James Allan Smith, David S. Engle Smith, Currie & Hancock, Atlanta, Ga., on brief for defendant-appellant.

Metzenbaum, Gaines, Finley & Stern Co., L. P. A., by Melvin S. Schwarzwald, Mark A. Rock, Cleveland, Ohio, on brief for plaintiff-appellee.

Before EDWARDS, CELEBREZZE and McCREE, Circuit Judges.

PER CURIAM.

We have before us appellee's motion to dismiss an appeal brought by appellant, United Telephone Company of Ohio, from an order entered by the District Court on June 29, 1973. Appellee contends that said order was not the final order of the court within the meaning of 28 U.S.C. § 1291 (1970), and in any event it was not "a separate document" within the meaning of Rule 58(2) of the Federal Rules of Civil Procedure, and hence, that this court lacks jurisdiction...

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