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WOOD v. HOLIDAY INNS, INC.

No. 74-1753.

508 F.2d 167 (1975)

Glen L. WOOD, Plaintiff-Appellant, v. HOLIDAY INNS, INC., et al., Defendants-Appellees. INTERSTATE INNS, INC., and Jessie Goynes, Defendants-Appellants, v. GULF OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit

February 17, 1975.

Attorney(s) appearing for the Case

Joseph D. Phelps, Albert P. Brewer, Montgomery, Ala., Thomas J. Gardner, III, Tupelo, Miss., for Wood.

Charles A. Tarter, Birmingham, Ala., Robert A. Huffaker, Montgomery, Ala., for Interstate Inns & Jessie Goynes.

William C. Woods, Jr., Robert D. Norman, Birmingham, Ala., for Holiday Inns.

W. F. Horsley, Opelika, Ala., for Gulf Oil Corp.

Before GODBOLD, MORGAN and CLARK, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

After a jury verdict, the district court ordered, inter alia, a new trial for one of the several defendants below. At oral argument on this appeal we raised, sua sponte, the question of whether this court had jurisdiction to consider a decision which was not a final judgment as to all of the parties. See Wagner v. Burlington Industries, Inc., 423 F.2d 1319 (6th Cir. 1970).

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