U.S. Court of Appeals for the Fifth Circuit, 1951

American Fire & Casualty Co. v. Allison

American Fire & Casualty Co. v. Allison
U.S. Court of Appeals for the Fifth Circuit · Decided May 25, 1951 · Hutcheson, 'Chief, Borah, Strum
189 F.2d 255; 1951 U.S. App. LEXIS 3165 (Federal Reporter, Second Series)

American Fire & Casualty Co. v. Allison

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.

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