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919 F2d 741 Englerius v. United States Veterans Administration

919 F.2d 741

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Maximus T. ENGLERIUS, Plaintiff-Appellant,
v.
UNITED STATES VETERANS ADMINISTRATION, Veterans
Administration Hospital, Defendants-Appellees.

No. 89-35750.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 3, 1990.*
Decided Dec. 6, 1990.

Before GOODWIN, Chief Judge, and EUGENE A. WRIGHT and NOONAN, Circuit Judges.

1

MEMORANDUM**

2

We dismiss this appeal for want of appellate jurisdiction. The record indicates that Englerius's action was dismissed without prejudice, so the order of September 28, 1989, is not a final decision of the district court within the meaning of 28 U.S.C. Sec. 1291 (1990).

*

The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument. Fed.R.App.P. 34(a); Ninth Circuit Rule 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 Circuit Rule 36-3