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Fleming v. Berardi

UNITED STATES COURT OF APPEALS, THIRD CIRCUIT.


decided: April 29, 1971.

MARGARET ANN FLEMING, A MINOR, BY HER GUARDIAN, ALVIN H. FRANKEL, AND ROBERT FLEMING & GLADYS, HIS WIFE
v.
DONNA BERARDI AND ANTHONY BERARDI, APPELLANTS. ADELE ROCKEY V. BERYLE A. RAYMOND, THIRD-PARTY DEFENDANT.

Before McLAUGHLIN and VAN DUSEN, Circuit Judges and HANNUM, District Judge.

Opinion OF THE COURT

Per Curiam:

On review of the record, showing, inter alia, that the appeal challenges a district court order denying a motion to dismiss the action, we do not reach the merits.*fn1

In accordance with Commonwealth of Pennsylvania v. Brown, 3 Cir., 373 F.2d 771, at 776, where the court said:

"It is settled that denial of a motion to dismiss, even when the motion is based on jurisdictional grounds, is not immediately reviewable." Catlin v. United States, 324 U.S. 229, 236, 65 S. Ct. 631, 635, 89 L. Ed. 911 (1945).

for lack of an appealable order, this appeal will be dismissed.


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