decided: February 16, 1953.
SIGNA JOHNSON, ADMINISTRATRIX OF THE ESTATE OF GEORGE JOHNSON, DECEASED,
THE BALTIMORE & OHIO RAILROAD COMPANY, APPELLANT.
Before BIGGS, Chief Judge, and GOODRICH and KALODNER, Circuit Judges.
It appears clearly that the order appealed from, D.C.Pa., 106 F.Supp. 166, is not a final decision within the purview of Section 1291, Title 28, U.S.C., nor is it within any exception specified by Section 1292. The order also is not within the purview of Rule 54(b) of the Federal Rules of Civil Procedure, 28 U.S.C., the issue of damages having been reserved by the court below. Accordingly an order was entered on February 12, 1953, dismissing the appeal for want of jurisdiction and remanding the case to the court below for such further proceedings as may be appropriate.
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