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Jess BRICKMAN, Appellant, v. AMERICAN BRIDGE FABRICATORS, Inc., a corporation, and Ralph Kaul, Appellees.

PER CURIAM.

This case was tried before a jury; the trial court directed a verdict in favor of the corporate defendant and for the plaintiff on the first count of the individual defendant's counterclaim. The jury returned a verdict for the plaintiff both on his claim against the individual defendant and on the second count of the latter's counterclaim.

Thereafter the individual defendant moved for a judgment notwithstanding the verdict or in the alternative for a new trial; the court, after argument of counsel, denied the motion for judgment but granted the motion for a new trial on all issues raised by the pleadings; an appropriate order was entered and the appeal is from that order.

The order of the court in granting the new trial is not a final order and is therefore not appealable.

Students Book Co. v. Semerjian, D.C.Mun.App., 66 A.2d 487; Phillips v. Marvin's Credit, Inc., D.C.Mun.App., 35 A.2d 825.

Appeal dismissed.

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BRICKMAN v. AMERICAN BRIDGE FABRICATORS
(Aug 20, 1956)