Lewis Lehrer and Eleanor B. Lehrer, His Wife v. McCloskey Homes, Inc. And McCloskey & Co. Of Florida

BIGGS, Chief Judge.

This is the second time this case has come before us. On the first occasion we dismissed the appeal at our No. 11,954 because the court below had not seen fit to make the determination and the order required by Rule 54(b), F.R.Civ. Proc., 28 U.S.C., and hence we had no final decision before us within the purview of 28 U.S.C. § 1291, 3 Cir., 242. F. 2d 190. The court below has now entered an order within the terms of Rule 54(b), the plaintiffs have taken an appeal from that order and the case is now ripe for decision.

Two corporations are named as defendants in the case at…