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DIXON v. DELAWARE OLDS, INC.

396 A.2d 963 (1978)

Michael DIXON, Plaintiff Below, Appellant, v. DELAWARE OLDS, INC., a Delaware Corporation, Stanley Kowalski, Robert Eckenrode and William Luke, Jr., Defendants Below, Appellees.

Supreme Court of Delaware.

Decided December 20, 1978.

Attorney(s) appearing for the Case

John J. Schmittinger and Douglas B. Catts, of Schmittinger & Rodriguez, P. A., Dover, for defendants-appellees.

Wilfred J. Smith, Jr., Wilmington, for plaintiff-appellant.

Before HERRMANN, C. J., and DUFFY and HORSEY, JJ.

HORSEY, Justice:

The issue in this appeal is whether it was timely filed as to defendant-appellee Kowalski.

Defendant has moved to dismiss the appeal, which was taken by plaintiff from an interlocutory order of the Superior Court setting aside a judgment entered in his favor against two1 of four defendants and ordering a new trial on all issues. This Court had, in a prior appeal, set aside...

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