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  5. 792 F.2d 1127 (1986)
 

PLACID OIL CO. v. ASHLAND OIL, INC.

No. 5-117.

792 F.2d 1127 (1986)

PLACID OIL COMPANY, Plaintiff-Appellee, v. ASHLAND OIL, INC., Defendant-Appellant.

Temporary Emergency Court of Appeals.

Decided March 6, 1986.

Order on Denial of Rehearing June 2, 1986.

Attorney(s) appearing for the Case

Fred W. Drogula, Patricia A. Blair (argued), Hilary Harp, and Ginsburg, Feldman and Bress, Chartered, Washington, D.C., for defendant-appellant.

Allen Weed (argued), Mark A. Petzinger (argued), and Shank, Irwin & Conant, Dallas, Tex., for plaintiff-appellee.

Before CHRISTENSEN, ESTES and DUNIWAY, Judges.

DUNIWAY, Judge:

This case presents two technical questions: whether this court has jurisdiction, and whether, on appeal from a judgment of dismissal without prejudice, we can review denial of a motion for partial summary judgment. It also presents a question of what remedy is available when a party repeatedly says that it has abandoned or will abandon certain claims with prejudice and then does not do so. In this respect...

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