Donald Smith Linda Smith v. Intermedics, Inc.

Fourth Circuit

Donald Smith Linda Smith v. Intermedics, Inc.

767 F.2d 82, 1985 U.S. App. LEXIS 26373

Court of Appeals for the Fourth Circuit·Decided July 22, 1985·No. 85-1416·Published

Opinion

PER CURIAM:

Donald and Linda Smith filed this action alleging breach of warranties and negligence in connection with a cardiac pacemaker manufactured by Intermedies, Inc. Partial summary judgment on all claims save breach of express warranty was granted in favor of Intermedies. The Smiths appeal. Because the order is interlocutory, Intermedies’ motion to dismiss the appeal is granted. See Grayline Motor Tours, Inc. v. City of New Orleans, 498 F.2d 293 (5th Cir.1974). Intermedies’ motion for costs and attorney’s fees is denied.

Because it would not significantly aid the decisional process, we dispense with oral argument.

DISMISSED.

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PER CURIAM:

Donald and Linda Smith filed this action alleging breach of warranties and negligence in connection with a cardiac pacemaker manufactured by Intermedies, Inc. Partial summary judgment on all claims save breach of express warranty was granted in favor of Intermedies. The Smiths appeal. Because the order is interlocutory, Intermedies’ motion to dismiss the appeal is granted. See Grayline Motor Tours, Inc. v. City of New Orleans, 498 F.2d 293 (5th Cir.1974). Intermedies’ motion for costs and attorney’s fees is denied.

Because it would not significantly aid the decisional process, we dispense with oral argument.

DISMISSED.

Donald Smith Linda Smith v. Intermedics, Inc., 767 F.2d 82, 1985 U.S. App. LEXIS 26373 (4th Cir. 1985).

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