Opinion
No. 38,704.
August 17, 1962.
Appeal and error — dismissal without prejudice.
The United States of America intervened in an action in the Norman County District Court brought by the First State Bank of Ada against A. E. Kraling, d. b. a. Kraling Construction Company, said county, and American Casualty Company. After appealing from a summary judgment entered against it pursuant to an order of the court, J. H. Sylvestre, Judge, said intervenor moved that its appeal be suspended or dismissed without prejudice pending final judgment in the action. Appeal dismissed.
Miles W. Lord, United States Attorney, and John J. Connelly, Assistant United States Attorney, for appellant.
Child Child, for respondent bank.
Carson, Townsend, Pratt, Trench Ericson, for respondent casualty company.
Intervenor moves to defer hearing on its appeal in the above-entitled matter until the rights of plaintiff and defendants A. E. Kraling and American Casualty Company can be determined or, in the alternative, that its appeal be dismissed without prejudice.
The motion to dismiss without prejudice is granted.