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BELMONT PLACE ASSOCIATES v. BLYTH, EASTMAN, DILLON AND COMPANY, INC.

No. 76-3409 Summary Calendar.

565 F.2d 1322 (1978)

BELMONT PLACE ASSOCIATES, Plaintiff-Appellant, v. BLYTH, EASTMAN, DILLON AND COMPANY, INC., Eastdil Realty, Inc., the Seamen's Bank for Savings, Belmont of Houston, Inc. and James L. Read, Trustee, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 10, 1978.

Attorney(s) appearing for the Case

Newton B. Schwartz, Houston, Tex., for plaintiff-appellant.

Kenneth R. Wynne, Houston, Tex., for Seamen's Bank, Etc. and James L. Read.

B. Thomas Cook, Fred Knapp, Jr., Houston, Tex., for Blyth, Etc., Eastdil Realty, and Belmont of Houston, Inc.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

PER CURIAM:

After the plaintiff filed its complaint in this case, one of the defendants filed a counterclaim. The district court dismissed the plaintiff's complaint and consolidated the counterclaim with another pending action. Plaintiff appeals from the dismissal. We conclude that the order appealed from "adjudicates fewer than all the claims" in this lawsuit, and since there has been no express determination under Fed.R.Civ.P. 54(b) that "there is no just reason...

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