Unpublished Dispositionwilliam L. Bennett, Plaintiff-appellant, v. Harrell Youker, Temple Youker, Charles H. Menmuir, Richardkuhn, Menmuir, Zimmerman, Rollert and Kuhn, P.c., Williamcunningham, Williams, Coulter, Forster, Cunningham Anddavidson, P.c., William Jack Junior, Smith Haughey, Rice Androegge, P.c., and Michigan Court Judge Robert C. Livo, Bothin His Official and Individual Capacities, Defendants-appellees, 816 F.2d 678 (6th Cir. 1987)

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US Court of Appeals for the Sixth Circuit - 816 F.2d 678 (6th Cir. 1987) April 16, 1987

Before MARTIN, WELLFORD and MILBURN, Circuit Judges.


ORDER

Appellees William Jack and Smith, Haughey, Rice and Roegge, P.C. move to dismiss this appeal as prematurely filed. Appellant has not responded.

On January 29, 1987, the district court for the Eastern District of Michigan entered an order granting a motion for change of venue and transferring the case to the Western District of Michigan. Appellant filed a notice of appeal from this order on February 5, 1987. This order is not final nor appealable. 28 U.S.C. § 1291; Rule 54(b), Federal Rules of Civil Procedure. See Codex Corp. v. Milgo Electronic Corp., 553 F.2d 735 (1st Cir.), cert. denied, 434 U.S. 860 (1977).

Thus, this court is without jurisdiction and the appeal is dismissed. Rule 9(b) (1), Rules of the Sixth Circuit.

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