Clayton Coffey; Ruth Coffey; John E. Owens; Linda Fayeowens; James E. Hawk; Judy Hawk, Plaintiffs-appellants, v. Foamex, L.p.; Recticel Foam Corporation, Defendants-appellees, 966 F.2d 1451 (6th Cir. 1992)

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U.S. Court of Appeals for the Sixth Circuit - 966 F.2d 1451 (6th Cir. 1992) May 21, 1992

Before NATHANIEL R. JONES and RALPH B. GUY, Jr., Circuit Judges, and JOINER, Senior District Judge.* 

ORDER

Plaintiffs filed a notice of appeal from the March 3, 1992, order of the district court granting partial summary judgment in favor of defendants. The order is not a final order as it specifically provides that the motion to dismiss the claims of the female plaintiffs for personal injuries due to chemical exposure is denied. A show cause order was entered directing plaintiffs to responded with respect to the jurisdiction of this court by April 30, 1992. Plaintiffs have not responded to the show cause order or otherwise demonstrated any basis for jurisdiction in this court.

This court has a duty to consider sua sponte whether appellate jurisdiction is properly invoked. Liberty Mutual Insurance Co. v. Wetzel, 424 U.S. 737, 740 (1976); Baker v. Raulie, 879 F.2d 1396, 1398 (6th Cir. 1989) (per curiam). We conclude that this court lacks jurisdiction in this appeal. See William B. Tanner Co. v. United States, 575 F.2d 101, 102 (6th Cir. 1978) (per curiam).

It therefore is ORDERED that this appeal is sua sponte dismissed for lack of jurisdiction.

 *

The Honorable Charles W. Joiner, U.S. Senior District Judge for the Eastern District of Michigan, sitting by designation

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