Unpublished Dispositionthe Collinwood Shale Brick & Supply Company, J.l. Foticonstruction Company, Inc., Circirello Construction Company,aerotech Mechanical Contractors, Inc., E.b. Katz Company,stewart Excavating, Inc., Oster Electric, Inc., Altaconstruction Company, Inc., Plaintiffs-appellees, v. Greater Cleveland Regional Transit Authority, Defendant-appellant,bildoc, Inc., et al., Defendants, 875 F.2d 862 (6th Cir. 1989)

Before RYAN and ALAN E. NORRIS, Circuit Judges, and JEROME TURNER, District Judge^* .

ORDER

The defendant-appellant seeks review of the partial summary judgment for plaintiffs in this removal action involving federal taxes. In its order, the district court directed the defendant to deposit $71,000.00 with the district clerk and stated that the case will proceed as to the remaining parties and remaining issues.

This Court lacks jurisdiction in the instant appeal. In the absence of certification for an interlocutory appeal under Fed. R. Civ. P. 54(b), or 28 U.S.C. § 1292(b), an order disposing of fewer than all parties or claims in an action is not a final appealable order for purposes of 28 U.S.C. § 1291. See William B. Tanner Co. v. United States, 575 F.2d 101 (6th Cir. 1978); Donovan v. Hayden Stone, Inc., 434 F.2d 619 (6th Cir. 1970). Here, the order being appealed is not final for purposes of 28 U.S.C. § 1291 or certified for an interlocutory appeal.

It is ORDERED that this appeal is dismissed sua sponte for lack of jurisdiction. Rule 9(b) (1), Rules of the Sixth Circuit. This order is without prejudice to the parties filing a new notice of appeal after the district court has entered final judgment.