Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Before KRUPANSKY and BOGGS, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.
ORDER
Plaintiff appeals summary judgment for the defendants in this action for declaratory judgment on an insurance contract. A review of the record indicates that cross-claims between the defendants and a third party complaint are still pending. Moreover, the district court, in the order appealed from, specifically stated that the court's order was not a final and appealable order.
Absent certification for an interlocutory appeal under 28 U.S.C. Sec. 1292(b) or Rule 54(b), Fed.R.Civ.P., an order disposing of fewer than all parties or claims in an action is nonappealable. William B. Tanner Co. v. United States, 575 F.2d 101, 102 (6th Cir.1978) (per curiam). This rule extends to third party complaints and cross-claims. See Woodby v. Chesapeake and Ohio Railway Co., 345 F.2d 668 (6th Cir.1965) (third-party complaints); Bolack v. Underwood, 340 F.2d 816 (10th Cir.1965) (third-party complaints); Aetna Insurance Company v. Newton, 398 F.2d 729 (3rd Cir.1968) (cross-claims). Because the order appealed from does not adjudicate the pending third party complaint, nor defendants' cross-claims, we conclude there is no final judgment upon which appellate jurisdiction may attach.
Therefore, it is ORDERED that plaintiff's appeal be dismissed sua sponte for lack of appellate jurisdiction. Rule 9(b)(1) Rules of the Sixth Circuit.