Daryl E. Harshman, Aka Daryl E. Harshman; Eric J. Harshman,executor of Estate, Plaintiff-appellee, v. Diane P. Harshman; Operating Engineers Pension Trust;operating Engineers Vacation-holiday Savingstrust; Operating Engineers Health &welfare Fund, Defendants-appellants, 52 F.3d 333 (9th Cir. 1995)

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U.S. Court of Appeals for the Ninth Circuit - 52 F.3d 333 (9th Cir. 1995) Submitted April 5, 1995. *Decided April 12, 1995

Appeal from the United States District Court for the Southern District of California, CV-92-01388-IEG; Irma E. Gonzalez, District Judge, Presiding.

Before: NOONAN, O'SCANNLAIN, and, LEAVY, Circuit Judges

ORDER** 

An order of partial summary judgment is not a final appealable order. Dannenberg v. Software Toolworks, Inc., 16 F.3d 1073, 1074-75 (9th Cir. 1994); Cheng v. Commissioner, 878 F.2d 306, 309 (9th Cir. 1989). The parties have not obtained Rule 54(b) certification, and their stipulation did not "finalize" the district court's order. Dannenberg, 16 F.3d at 1075. Consequently, the appeal is DISMISSED for want of jurisdiction.

 *

The panel finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a) and Ninth Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3

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