BILLINGS, Justice.
This is an appeal by the plaintiff from a summary judgment rendered under V.R. C.P. 56 in favor of defendant Tavern Motor Inn. A prior appeal was dismissed for lack of jurisdiction, there being no final judgment, V.R.C.P. 54(b), and no compliance with the rules for appeal before final judgment. V.R.A.P. 5. Sykas v. Kearns, 134 Vt. 623,
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