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FLETCHER, ETC. ET AL v. THE NATIONAL BREWING COMPANY

APPEAL — Premature — Order Appealed From Not Final — Where Lower Court Sustained Demurrer To Warranty Counts In Declaration, But Left Negligence Counts Intact, Order Was Interlocutory And Not Appealable. p. 580

PER CURIAM.

The claims in this case were grounded both on breach of warranty and on negligence. The trial court sustained a demurrer to the warranty counts and the plaintiffs appealed. The appellee moved to dismiss the appeal as taken from an interlocutory judgment. The situation is just like that in Harkins v. August, 251 Md. 108, 112 where the premature appeal was dismissed.

Appeal dismissed with costs.

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FLETCHER v. NAT'L BREWING CO
(Nov 11, 1969)