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  • Wilbur D. Tinsley v. Moore Business Forms, Inc., 980 F.2d 728, 4th Cir. (1992)

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    Wilbur D. Tinsley appealed a district court order that dismissed some but not all of his claims against Moore Business Forms, Inc. The Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction because the district court order was not final, as it did not dispose of all claims against all parties, and was therefore not appealable. The Fourth Circuit also determined the order was not an appealable interlocutory or collateral order. As such, the Fourth Circuit dismissed the appeal as interlocutory.

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    Filed: 1992-12-02 Precedential Status: Non-Precedential Citations: 980 F.2d 728 Docket: 92-1748

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    Wilbur D. Tinsley appealed a district court order that dismissed some but not all of his claims against Moore Business Forms, Inc. The Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction because the district court order was not final, as it did not dispose of all claims against all parties, and was therefore not appealable. The Fourth Circuit also determined the order was not an appealable interlocutory or collateral order. As such, the Fourth Circuit dismissed the appeal as interlocutory.

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    Wilbur D. Tinsley v. Moore Business Forms, Inc., 980 F.2d 728, 4th Cir. (1992)

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    Wilbur D. Tinsley appealed a district court order that dismissed some but not all of his claims against Moore Business Forms, Inc. The Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction because the district court order was not final, as it did not dispose of all claims against all parties, and was therefore not appealable. The Fourth Circuit also determined the order was not an appealable interlocutory or collateral order. As such, the Fourth Circuit dismissed the appeal as interlocutory.

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    of 2

    980 F.

    2d 728

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Wilbur D. TINSLEY, Plaintiff-Appellant,
    v.
    MOORE BUSINESS FORMS, INC., Defendant-Appellee.
    No. 92-1748.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: September 25, 1992
    Decided: December 2, 1992

    Appeal from the United States District Court for the District of South
    Carolina, at Greenwood. Henry Michael Herlong, Jr., District Judge. (CA91-3344-8-20-K, CA-91-3648-8-20-K, CA-91-3750-8-20-K)
    Wilbur D. Tinsley, Appellant Pro Se.
    Thomas Allen Bright, Katherine Dudley Helms, Haynsworth, Baldwin,
    Johnson & Graves, P.C., Greenville, South Carolina, for Appellee.
    D.S.C.
    DISMISSED.
    Before HALL and PHILLIPS, Circuit Judges, and SPROUSE, Senior
    Circuit Judge.
    PER CURIAM:

    Wilbur D. Tinsley appeals the district court's order dismissing some of his
    claims but allowing others to proceed. We dismiss the appeal for lack of

    jurisdiction because the order is not appealable. This Court may exercise
    jurisdiction only over final orders, 28 U.S.C. 1291 (1988), and certain
    interlocutory and collateral orders, 28 U.S.C. 1292 (1988); Fed. R. Civ. P.
    54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order
    here appealed is neither a final order nor an appealable interlocutory or
    collateral order.
    2

    We dismiss the appeal as interlocutory. We dispense with oral argument


    because the facts and legal contentions are adequately presented in the
    materials before the Court and argument would not aid the decisional process.
    DISMISSED

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