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McINTYRE v. FIRST NAT. BANK OF CINCINNATI

No. 78-3279.

585 F.2d 190 (1978)

Rhoda V. McINTYRE et al., Plaintiffs-Appellants, v. The FIRST NATIONAL BANK OF CINCINNATI, Defendant-Appellee, KDI Corporation, KDI Verkamp Corporation, the Herbert-Verkamp-Calvert Chemical Company, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided October 27, 1978.

Attorney(s) appearing for the Case

Thomas L. Conlan, Kyte, Wulsin & Vogeler, Frederick J. McGavran, Cincinnati, Ohio, for plaintiffs-appellants.

L. Clifford Craig, Ross E. Wales, Taft, Stettinius & Hollister, Cincinnati, Ohio, for First National.

Before ENGEL, KEITH and MERRITT, Circuit Judges.

PER CURIAM.

The posture of this appeal is unusual. Appellants move to dismiss their own appeal on the ground the district court did not have the power under Rule 54(b), Fed.R.Civ.P., to certify as final the judgment from which appeal was taken. In the alternative they move for a stay of appellate proceedings pending a final decision by the district court on all other issues in this action.

Appellants filed a complaint in the district court against four separate...

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