Unpublished Disposition, 867 F.2d 612 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 867 F.2d 612 (9th Cir. 1989)

Brian BEARD, Sr., Plaintiff-Appellant,v.SHEET METAL WORKERS UNION, LOCAL NO. 150, Defendant-Appellee.

No. 87-4405.

United States Court of Appeals, Ninth Circuit.

Submitted*  Jan. 13, 1989.Decided Jan. 19, 1989.

Before EUGENE A. WRIGHT, TANG and WIGGINS, Circuit Judges.


ORDER

The appeal is dismissed for lack of jurisdiction. Still pending below is the defendant union's cross-complaint that has not been acted upon by the district judge. In response to this court's query, the parties were given an opportunity to seek an appropriate order from the district court disposing of these pending claims. That has not been resolved and this court lacks jurisdiction to proceed. See Fletcher v. Gagosian, 604 F.2d 637, 638-39 (9th Cir. 1979).

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4