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AMERICAN FIRE & CASUALTY CO. v. ALLISON

United States Court of Appeals for the Fifth Circuit1951-05-25No. No. 13333
189 F.2d 255

Authorities cited

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Opinion

majority opinion

PER CURIAM.

Appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable order.

We agree. The appeal, instead of being from the final judgment entered against appellant on January 30, 1950, is from the order denying a motion to set that final judgment aside. It is settled law that such an order is not appealable. Cf. Cromelin v. Markwalter, 5 Cir., 181 F.2d 948; French v. Jeffries, 7 Cir., 161 F.2d 97; U. S. v. Muschany, 8 Cir., 156 F.2d 196. The appeal is Dismissed.