Unpublished Dispositiondonald R. Clark; Nancy Clark; Martin Pulley; Shirley Pulley;danny Barton; Belinda Barton; Melvin S.stansberry; Juanita Stansberry; Wilethamcguire, Plaintiffs-appellants, v. Wilgus Walters Aka Bill; Roger Wax; Charles Thomas Aka Jamesgeotis Aka Peter Cotter; Carol Pack; Marsha Spurgeon;charles Metzner; Vernon Gentry; Troy Ritchie Aka Stevemiller and Steve Lawson; Ron Lucky; Eve Marie Sroufe; Thomaswaits; Air City Home Improvement Co., Inc.; Stay-good Homeimprovement; Buckeye Federal Savings & Loan Association,defendants-appellees, 791 F.2d 931 (6th Cir. 1986)

This matter is before the Court for consideration of the motion of appellee, Buckeye Federal Savings & Loan Association, to dismiss the appeal as being prosecuted from a non-appealable order. Appellant has responded thereto, indicating that there is no opposition to the motion to dismiss.

On August 25, 1981, appellants filed a complaint seeking damages pursuant to 15 U.S.C. § 1640 on claims that various notes and mortgages be cancelled or rescinded. Appellants asked for class certification in the complaint; class certification was denied. This appeal followed.

The order from which this appeal is prosecuted is not an appealable order. Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978).

Therefore, it is ORDERED that the motion to dismiss be granted, and this appeal is dismissed.