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Edward L. ESNEAULT, Plaintiff-Appellant, v. WATERMAN STEAMSHIP CORPORATION, Defendant-Appellee
BY THE COURT:
Appellee’s motion to dismiss this . appeal for lack of jurisdiction is granted. The granting of a motion for a mistrial is not a final order which terminates the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. Gilmore v. United States, 5 Cir. 1959, 264 F.2d 44, 45. Finality is necessary to bring the order within our appellate jurisdiction under 28 U.S.C.A. § 1291.
Dismissed.