Unpublished Dispositionswank Oil & Gas Company, Inc., Plaintiff-appellant, v. Amca International Corp., Defendant-appellee,the Dickirson Corporation, Defendant, 886 F.2d 1316 (6th Cir. 1989)

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US Court of Appeals for the Sixth Circuit - 886 F.2d 1316 (6th Cir. 1989) Oct. 3, 1989

Before KENNEDY and RYAN, Circuit Judges, and THOMAS A. WISEMAN, Jr., Chief District Judge* .

ORDER

The Court entered an order on September 8, 1989 directing the plaintiff to show cause why its appeal should not be dismissed for lack of appellate jurisdiction. In response, the plaintiff concedes that the order of partial summary judgment in this case is not a final, appealable order.

It is therefore ORDERED that the appeal is dismissed sua sponte without prejudice to the plaintiff's right to appeal the final judgment in the district court. Rule 9(b), Rules of the Sixth Circuit.

 *

The Honorable Thomas A. Wiseman, Jr., Chief U.S. District Judge for the Middle District of Tennessee, sitting by designation

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