Unpublished Dispositionconsolidated Rail Corporation, Plaintiff-appellee, v. Avec Equipment Corporation, Defendant-appellant, 918 F.2d 957 (6th Cir. 1990)

ORDER

The defendant, Avec Equipment Corporation, appeals an order of the district court granting the plaintiff's motion for partial summary judgment in this action for recovery of a freight charge. The order did not entirely dispose of the case. An order to show cause why this appeal should not be dismissed was entered on October 15, 1990. No response has been filed.

In the absence of certification under Fed. R. Civ. P. 54(b), an order which disposes of less than all claims or parties in an action is not a final, appealable order. William B. Tanner Co. v. United States, 575 F.2d 101, 102 (6th Cir. 1978) (per curiam). A certification of a judgment as final under Rule 54(b) must provide a rationale for immediate appeal. Solomon v. Aetna Life Ins. Co., 782 F.2d 58, 60 (6th Cir. 1986). In the instant case, there was no such certification, and matters are still pending in the district court.

It is therefore ORDERED that this appeal is dismissed for lack of jurisdiction. Rule 9(b) (1), Local Rules of the Sixth Circuit.