OPINION BY MR. CHIEF JUSTICE BELL, July 1, 1968:
On January 28, 1964, plaintiff filed an action in equity against defendant. Subsequently, on December 7, 1967, defendant filed a motion to dismiss on the ground that plaintiff failed to prosecute his case with diligence. On February 14, 1968, the lower court denied defendant's motion to dismiss and from this denial defendant took this appeal. The Order appealed from is clearly interlocutory.
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