Unpublished Dispositionstonesifer F. Kahn; Constantine Pereyma; Marco Pereyma; Donschuler; William J. Mcgraw, Ii, Plaintiffs-appellants, v. Central Telephone and Utilities Corp.; Centel Communicationscompany, Defendants-appellees, 793 F.2d 1292 (6th Cir. 1986)

On February 18, 1986, the district court entered judgment in favor of plaintiffs/appellants on their claim of fraud in a stock transaction and in favor of defendants/appellees on their claim that appellants breached the contract between the parties. On February 28, 1986, appellees moved for a new trial or judgment notwithstanding the verdict. The motion for a new trial was granted on March 25, 1986; appellants filed a notice of appeal from that order on April 11, 1986.

Appellees now move to dismiss this appeal as being prosecuted from a nonappealable order. Appellants have responded in opposition thereto.

An order granting a new trial is not immediately appealable. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 34 (1980); National Polymer Products, Inc. v. Borg-Warner Corp., 660 F.2d 171 (6th Cir. 1981).

It is therefore ORDERED that the appeal be dismissed.