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BURGBACHER v. UNIVERSITY OF PITTSBURGH

No. 88-3300.

860 F.2d 87 (1988)

Donald E. BURGBACHER, Personally and as Administrator of the Estate of Michael K. Burgbacher, Deceased and Pauline Burgbacher v. UNIVERSITY OF PITTSBURGH, Institute for Shipboard Education, Ernest Ainslee M.D., Sea Wise Foundation, Chee Chen Tung and John Doe Appeal of The INSTITUTE FOR SHIPBOARD EDUCATION and Dr. Ernest Ainslie, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Robert W. Murdoch, Grogan, Graffam, McGinley & Lucchino, P.C., Pittsburgh, Pa., for appellants.

Leo J. Breslin, Mark A. MacDonald, Lindhorst & Dreidame, Cincinnati, Ohio, for appellees.

Before GIBBONS, Chief Judge, SEITZ, Circuit Judge, and POLLAK, District Judge.

Submitted Under Third Circuit Rule 12(6) September 26, 1988.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Two of the defendants in the district court appeal from an order of the district court denying their motion for summary judgment. They invoke 28 U.S.C. § 1292(a)(3) as the basis for appellate jurisdiction. Plaintiffs have moved to dismiss the appeal, arguing that the present record does not support such appellate jurisdiction.

Plaintiffs...

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