Smith v. Intermedics, Inc.

Fourth Circuit Court of Appeals

Submitted May 30, 1985.

Decided July 22, 1985.

Fourth Circuit Court of Appeals · decided 1985-07-22

Cited by 8 later decisions — most recently March 1987

7 federal appellate ·

2 counsel of record

Relies on Gray Line Motor Tours, Inc. v. City of New Orleans

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1985-07-22

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¶1Roderic G. Magie, Highlands, N.C., for appellants.

¶2Walter E. Brock, Jr., Joseph W. Williford, Young, Moore, Henderson & Alvis, Raleigh, N.C., for appellee.

¶3Before HALL, MURNAGHAN and WILKINSON, Circuit Judges.

¶4PER CURIAM:

¶5Donald 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.

¶6Because it would not significantly aid the decisional process, we dispense with oral argument.

¶7DISMISSED.