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CONSTRUCTION AGGREGATES v. FOREST COMMODITIES CORP.

No. 97-8745.

147 F.3d 1334 (1998)

CONSTRUCTION AGGREGATES, LTD., Plaintiff-Counter-Defendant-Appellee, v. FOREST COMMODITIES CORPORATION, Peeples Industries, Inc., Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 31, 1998.

Attorney(s) appearing for the Case

Roy E. Paul, Timothy Higgins Edwards, Bouhan, Williams & Levy, Savannah, GA, for Defendants-Counter-Claimants-Appellants.

Robert S. Glenn, Jr., George M. Earle, Hunter, Maclean, Exley & Dunn, P.C., Savannah, GA, for Plaintiff-Counter-Defendant-Appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and LAWSON, District Judge.

PER CURIAM:

Forest Commodities Corp. and Peeples Industries, Inc. ("FCC") appeal the district court's grant of partial summary judgment in favor of Construction Aggregates, Ltd. ("CAL") on the enforceability of a shipping agreement provision. Because the pertinent order of the district court was no final judgment for all the claims presented in the district court, we must dismiss this appeal for lack of jurisdiction.

BACKGROUND

In 1994, CAL...

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