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Petro v. Bakely

decided: December 7, 1965.

JOHN PETRO
v.
STANLEY BAKELY, JR., APPELLANT



Hastie, Ganey and Freedman, Circuit Judges.

Author: Per Curiam

This appeal has been taken from an order of the district court denying a defendant's motion to dismiss as res judicata an action for negligent injury. No further dispositive action has occurred in the trial court.

While the granting of a motion to dismiss may be a final judgment, the denial of such a motion lacks the finality which is essential to support an immediate appeal.

The appeal will be dismissed for want of jurisdiction.

19651207

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