Intervet America, Inc., Plaintff-appellant, v. Keevet Laboratories, Inc., Robert D. Keenum and Keenum,inc., Defendants- Appellees.intervet America, Inc., Plaintff-appellant, v. Keevet Laboratories, Inc., Robert D. Keenum and Keenum,inc., Defendants- Appellees, 867 F.2d 615 (Fed. Cir. 1988)

ORDER

Intervet America, Inc. moves to consolidate appeal nos. 88-1558 and 89-1036.

In the course of its motion, Intervet states that appeal no. 88-1558 was from a district court order that disposed of all issues except damages related to unfair trade practices. Such an order is not appealable under 28 U.S.C. § 1292(c) (2). See e.g., W.L. Gore & Associates, Inc. v. Carlisle Corp., 529 F.2d 614, 617 (3rd Cir. 1976). Hence, appeal no. 88-1558 must be dismissed. However, Intervet is not harmed by this dismissal in view of its appeal no. 89-1036 which is from the district court's final judgment in this case.

Accordingly,

IT IS ORDERED THAT:

(1) Appeal no. 88-1558 is dismissed.

(2) If appropriate, Intervet may request that the Clerk transfer the brief filed in no. 88-1558 to appeal no. 89-1036.