
    Appeal No. 76-267.
    
      William G. Gilroy, for plaintiffs. Louis V. Jackvony, Jr., Daniel J. Donovan, for defendant.
    Eagle Electric Co., Inc. et al. v. Raymond Construction Co., Inc.
   Treating the plaintiffs' motion to affirm the judgment below pursuant to Rule 16(g) as a motion to dismiss, the motion to dismiss is denied without prejudice to raising the issue presented in briefs and in oral argument.  