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HEIMANN v. SNEAD

No. 96-2266.

133 F.3d 767 (1998)

J. Casper HEIMANN; Jay Dee Heimann, Plaintiffs-Counter-Defendants Appellants, v. Ray A. SNEAD; Claire W. Snead; Will Snead; Ray Snead, Jr.; Tom M. Hills; Ann B. Hills, doing business as Alamo Ranch, Defendants-Counter-Claimants Appellees.

United States Court of Appeals, Tenth Circuit.

January 6, 1998.

Attorney(s) appearing for the Case

Paul A. Kastler (Steven L. McConnell, Terrence R. Kamm, Kamm & McConnell, L.L.C., Raton, New Mexico, with him on the brief), of Kastler Law Offices, Ltd., Raton, New Mexico, for Plaintiffs-Counter-Defendants-Appellants.

Robert O. Beck (Philip B. Davis, Albuquerque, New Mexico, with him on the brief), of Beck & Cooper, Clayton, New Mexico, for Defendants-Counter-Claimants-Appellees.

Before BALDOCK, and HOLLOWAY, Circuit Judges, and BROWN, Senior District Judge.

ORDER

PER CURIAM.

The initial issue we must decide in this appeal is jurisdictional: Whether the dismissal without prejudice of Defendants' counterclaims renders the district court's prior decisions disposing of Plaintiffs' complaint on the merits final and appealable under 28 U.S.C. § 1291? We hold that the dismissal without prejudice of Defendants' counterclaims does not render the prior decisions disposing of Plaintiffs' complaint on the merits...

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