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BUTLER AUCTION COMPANY, INC. v. HOSCH et al.

QUILLIAN, Judge.

Without a proper certificate from the trial judge, an appeal from an order dismissing the plaintiff's claim is premature when there is a counterclaim pending in the court below. 6 Moore's Federal Practice 2d 248, § 54.35; O'Kelley v. Evans, 223 Ga. 512, 513 ( 156 S.E.2d 450); Dean v. Gainesville Stone Co., 118 Ga. App. 142, 143 (1) ( 162 S.E.2d 858). See Davis v. Roper, 119 Ga. App. 442.

Appeal dismissed. Felton, C. J., and Pannell, J., concur.

ARGUED MARCH 3, 1969 — DECIDED APRIL 21, 1969.
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BUTLER AUCTION COMPANY v. HOSCH
(Apr 21, 1969)