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SELTZNER v. RDK CORP.

No. 85-1011.

756 F.2d 51 (1985)

Robert J. SELTZNER, Plaintiff-Appellant, v. RDK CORPORATION, an Indiana Corporation d/b/a Cortney's Restaurant, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 1985.

Attorney(s) appearing for the Case

Gregory X. Gorman and H. Candace Gorman, Gorman & Gorman, Chicago, Ill., for plaintiff-appellant.

Thomas C. Broderick and James R. Quinn, Quinn & Broderick, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, Chief Judge, and POSNER and FLAUM, Circuit Judges.

PER CURIAM.

The jury in this diversity personal-injury case brought in a verdict for the plaintiff of $69,500. On the defendant's motion the district judge ordered a new trial unless the plaintiff would agree to remit $29,500 of the jury's award. The plaintiff has appealed from this order, and the defendant has moved to dismiss the appeal.

An order for a new trial is not a final order appealable under 28 U.S.C. § 1291; and since the plaintiff in this...

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