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RICHARDS v. DUNNE

No. 6180.

325 F.2d 155 (1963)

Thomas R. RICHARDS et al., Plaintiffs, Appellants, v. Raymond J. DUNNE, Defendant, Appellee.

United States Court of Appeals First Circuit.

December 3, 1963.

Attorney(s) appearing for the Case

F. Lee Bailey, Boston, Mass., for appellants.

John C. Eldridge, Atty., Dept. of Justice, Washington, D. C., with whom John W. Douglas, Asst. Atty. Gen., Washington, D. C., W. Arthur Garrity, Jr., U. S. Atty., Boston, Mass., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

The court below on June 4, 1963, entered an order granting the defendant's motion to dismiss "* * * with leave to the plaintiff to amend within twenty days (20) stating the claim attempted to be set forth in paragraph 6 of the present Complaint." Twenty-two days later on June 26, 1963, the plaintiffs filed notice of appeal "from so much of the Order of June 4, 1963, as dismisses" the plaintiffs' complaint for a different cause of action from that attempted...

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