Unpublished Disposition
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APPEAL DISMISSED
S.D.Ohio
ORDER
BEFORE: KEITH, NELSON and GUY, Circuit Judges.
This matter is before the Court for consideration of the motion of appellee, Buckeye Federal Savings & Loan Association, to dismiss the appeal as being prosecuted from a non-appealable order. Appellant has responded thereto, indicating that there is no opposition to the motion to dismiss.
On August 25, 1981, appellants filed a complaint seeking damages pursuant to 15 U.S.C. Sec. 1640 on claims that various notes and mortgages be cancelled or rescinded. Appellants asked for class certification in the complaint; class certification was denied. This appeal followed.
The order from which this appeal is prosecuted is not an appealable order. Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978).
Therefore, it is ORDERED that the motion to dismiss be granted, and this appeal is dismissed.