Marine Transportation Services Sea-barge Group, Inc., Appellants, v. Samuel K. Skinner, in His Capacity As Secretary, Dept. Oftransportation, et al, 948 F.2d 1337 (D.C. Cir. 1991)

Upon consideration of the motions to dismiss, the response thereto, and the replies, and the motion to strike exhibits, the response thereto, and the reply, it is

ORDERED that the motions to dismiss be granted. The portion of the district court's September 27, 1989 order on appeal is not an appealable interlocutory order under 28 U.S.C. § 1292(a) (1). See Carson v. American Brands, Inc., 450 U.S. 79, 84 (1981). It is

FURTHER ORDERED that the motion to strike exhibits be denied. These documents present information relevant to the consideration of the motion to dismiss.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.