
    Kevin Fichter et al., Respondents, v Lynn H. Smith et al., Appellants. (And a Third-Party Action.)
    Submitted May 17, 1999;
    decided July 8, 1999
   Motion, insofar as it seeks leave to appeal as against third-party defendant Diamond Roofing, Inc., denied; motion for leave to appeal otherwise dismissed upon the ground that the remainder of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.  