Unpublished Dispositionin Re Mid-towne Associates, Inc., Debtor,mid-towne Associates, Inc., an Ohio Limited Partnership,plaintiff-appellant, v. United States of America, Department of Housing and Urbandevelopment; Showe Industries, Inc.; Mta Ltd;william Abney; Annie Hogan, Defendants-appellees, 927 F.2d 604 (6th Cir. 1991)

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US Court of Appeals for the Sixth Circuit - 927 F.2d 604 (6th Cir. 1991)

Feb. 25, 1991

S.D. Ohio, 88-00431, Weber, J.

S.D. Ohio


Before KENNEDY and NATHANIEL R. JONES, Circuit Judges; and WELLFORD, Senior Circuit Judge.


The debtor, Mid-Towne Associates, Inc., appeals the district court's judgment affirming various rulings of the bankruptcy court and remanding to the bankruptcy court for further proceedings. The Department of Housing and Urban Development (HUD) now moves to dismiss this appeal on grounds that the district court's order is not final. No response has been filed on behalf of the debtor.

This court has jurisdiction in appeals from "all final decisions, judgments, orders, and decrees" entered by a district court on appeal from a bankruptcy court. 28 U.S.C. § 158(d). A partial disposition of the district court in a bankruptcy proceeding is deemed non-final for purposes of appeal in the absence of a certification under Fed. R. Civ. P. 54(b). In Re: Frederick Petroleum Corp., 912 F.2d 850 (6th Cir. 1990). There has been no such certification in this case.

It is therefore ORDERED that the motion to dismiss is granted.