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IN RE LULL CORP.

No. 94-2860.

52 F.3d 787 (1995)

In re LULL CORPORATION; Erickson Corporation, Debtors, Phillip BOHL, Trustee for the bankrupt estate of Lull Corporation, Plaintiff-Appellee, v. STAMATAKIS INDUSTRIES, INC., Defendant-Appellant, United Five Star Capital Corporation; Lull Engineering Company, Inc.; J.A. Olson Co.; John Alexander Leasing Co., Inc.; Construction Machinery Company; Arizona Forklift Center, Inc.; Alex Stamatakis, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1995.

Attorney(s) appearing for the Case

David Stetler, Chicago, IL, argued (Norman H. Nachman and Jonathan M. Cyrluk, on the brief), for appellant.

William Fisher, Minneapolis, MN, argued (Michael C. Flom, on the brief), for appellee.

Before FAGG, LOKEN, and MURPHY, Circuit Judges.

PER CURIAM.

Stamatakis Industries, Inc. (SII) appeals the grant of summary judgment to the trustee in bankruptcy for Lull Corporation on counts I and II of the trustee's eight-count complaint against SII. The district court directed entry of a final judgment on counts I and II under Federal Rule of Civil Procedure 54(b), allowing this immediate appeal. Because we conclude the entry of judgment under Rule 54(b) was improper, we dismiss the appeal for lack of appellate...

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