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NORTH CAROLINA NAT. BANK v. MONTILLA

No. 78-1555.

600 F.2d 333 (1979)

NORTH CAROLINA NATIONAL BANK, Plaintiff, Appellee, v. Cesar MONTILLA, Jr., et al., Defendants and Third-Party Plaintiffs, Appellants, v. PALMAS DEL MAR COMPANY et al., Third-Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 29, 1979.

Attorney(s) appearing for the Case

Harry Segarra Arroyo, Santurce, P. R., with whom Harvey B. Nachman, Santurce, P. R., was on brief, for appellants Cesar Montilla Jr., et al.

Philip E. Roberts, Santurce, P. R., with whom Woods & Woods, Santurce, P. R., was on brief, for plaintiff, appellee, North Carolina Nat. Bank.

Before CAMPBELL and BOWNES, Circuit Judges, and DEVINE, District Judge.

PER CURIAM.

Defendants Cesar Montilla, et al., appeal from the dismissal of their counterclaim against the North Carolina National Bank (NCNB). As the district court's dismissal of the counterclaim was not a "final decision," we dismiss the appeal for want of appellate jurisdiction. See 28 U.S.C. § 1291.

NCNB originally brought this action against Montilla to foreclose a $25,000 mortgage assigned to it by Palmas Del Mar,

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