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CRANSTON OIL SERV. CO. v. SCHLESINGER

No. 1-4.

595 F.2d 1203 (1979)

CRANSTON OIL SERVICE COMPANY, INC., Plaintiff, v. James R. SCHLESINGER, Secretary of the Department of Energy, et al., Defendants.

Temporary Emergency Court of Appeals.

Decided March 27, 1979.

Attorney(s) appearing for the Case

Salvatore L. Virgadamo and Joseph R. Palumbo, Jr., Newport, R.I. (Moore, Virgadamo & Lynch, Ltd., Newport, R.I., on brief), for plaintiff.

Paul G. Wallach, Office of General Counsel and Ted P. Gerarden, U.S. Dept. of Energy, Washington, D.C. (C. Max Vassanelli and Eliza Vela, Attys., Dept. of Justice, Washington, D.C., on brief), Washington, D.C., for defendants.

Before HOFFMAN, INGRAHAM and LACY, Judges.

PER CURIAM:

The issue presented on defendants' motion to dismiss is whether the district court's orders constitute final and appealable orders or judgments. We hold that they do not and, therefore, we dismiss the appeal for lack of jurisdiction because we are of the opinion that the appeal is premature in light of the remand orders entered by the district court.

By memorandum and order entered November 3, 1978, summary judgment was entered for defendants ...

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