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John PETRO v. Stanley BAKELY, Jr., Appellant.

PER CURIAM:

This appeal has been taken from an order of the district court denying a defendant's motion to dismiss as res judicata an action for negligent injury. No further dispositive action has occurred in the trial court.

While the granting of a motion to dismiss may be a final judgment, the denial of such a motion lacks the finality which is essential to support an immediate appeal.

The appeal will be dismissed for want of jurisdiction.

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PETRO v. BAKELY
(Dec 7, 1965)