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OTT v. SPEEDWRITING PUBLISHING COMPANY

No. 74-2002.

518 F.2d 1143 (1975)

Debra OTT, Plaintiff-Appellant, v. SPEEDWRITING PUBLISHING COMPANY and I.T.T. Educational Services Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

July 14, 1975.

Attorney(s) appearing for the Case

Archie R. Carpenter, Knoxville, Tenn., Oliver B. Dickins, Jr., Nashville, Tenn., for plaintiff-appellant.

Harold B. Stone, Stone & Bozeman, Knoxville, Tenn., Harvey M. Applebaum, Covington & Burling, Charles E. Lister, Washington, D. C., for defendants-appellees.

Before WEICK, LIVELY and ENGEL, Circuit Judges.

LIVELY, Circuit Judge.

The first question which must be decided in this case is whether the "death knell" doctrine as enunciated by the Court of Appeals for the Second Circuit in Eisen v. Carlisle & Jacquelin, 370 F.2d 119 (1966) (Eisen I), cert. denied, 386 U.S. 1035, 87 S.Ct. 1487, 18 L.Ed.2d 598 (1967), should be applied to permit the plaintiff Debra Ott to appeal from an order of the district court denying...

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