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Before RALPH B. GUY, Jr. and ALAN E. NORRIS, Circuit Judges and ROBERT HOLMES BELL, District Judge.*
ORDER
This matter is before the court upon consideration of the federal appellees' motion to dismiss the appeal on the basis that appellant appealed a partial dismissal.
A review of the record indicates that the 42 U.S.C. Sec . 1983 complaint named various federal and city officials as defendants. The federal defendants were dismissed on October 20, 1988, and appellant appealed from that order.
This court lacks jurisdiction to consider the appeal. Absent a Fed.R.Civ.P. 54(b) certification, an order disposing of fewer than all the claims or parties involved in the action is not appealable. Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 744 (1976); Solomon v. Aetna Life Ins. Co., 782 F.2d 58, 59 (6th Cir.1986). No 54(b) certification was made in the instant appeal. The final decision of the district court has not been entered during the pendency of this appeal; therefore, this court lacks jurisdiction. See Gillis v. Department of HHS, 759 F.2d 565, 569 (6th Cir.1985).
It is ORDERED that the motion to dismiss be granted and the appeal be and hereby is dismissed. Rule 8, Rules of the Sixth Circuit.
* The Honorable Robert Holmes Bell, U.S. District Judge for the Western District of Michigan, sitting by designation
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This document cites
- U.S. Supreme Court - Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737 (1976)
- U.S. Court of Appeals for the Sixth Circuit - Patricia Gillis, Individually and as a Class Representative; and Citizens for Better Care, Inc., Individually and as a Class Representative, Plaintiffs-Appellants, v. United States Department of Health and Human Services, Defendant-Appellee., 759 F.2d 565 (6th Cir. 1985)
- U.S. Court of Appeals for the Sixth Circuit - William Solomon; Richard Vincent; Jesse Vivian; Kirill Bochnewich; Berj Nercessian; and Julius Smith, Individually and on Behalf of all Others Similarly Situated, Plaintiffs-Appellants, v. Aetna Life Insurance Co., a Connecticut Corporation; Cunningham Drug Stores, Inc., a Michigan Corporation, Defendants, National Bank of Detroit, a National Banking Institution, Jointly and Severally, Defendant-Appellee., 782 F.2d 58 (6th Cir. 1986)
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