Unpublished Dispositionjames Robert Coggins, Plaintiff-appellant, v. George Wilson, et al., Defendants-appellees, 848 F.2d 189 (6th Cir. 1988)
Annotate this CaseBefore KRUPANSKY and BOGGS, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.
ORDER
This matter is before the court upon consideration of the appellees' motion to dismiss for lack of jurisdiction on the basis that an order denying a motion for partial summary judgment is not appealable. Appellant has responded.
A review of the record indicates that the district court denied appellant's motion for partial summary judgment by order entered on November 3, 1987. Appellant appealed on November 19, 1987, from the November 3, 1987 order.
This court lacks jurisdiction in the appeal. Generally, denial of a summary judgment is not appealable. See Firestone Tire and Rubber Co. v. Risjord, 449 U.S. 368 (1981); Huron Valley Hosp., Inc. v. City of Pontiac, 792 F.2d 563 (6th Cir. 1986); Fluor Ocean Servs., Inc. v. Hampton, 502 F.2d 1169 (5th Cir. 1974) (per curiam).
It is ORDERED that the motion to dismiss be granted and the appeal be and hereby is dismissed. Rule 8, Rules of the Sixth Circuit.
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