[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 96-1650
FRED DAVIS,
Plaintiff, Appellant,
v.
HANOVER INSURANCE COMPANY, JOHN F. O'BRIEN,
CHAIRMAN OF THE BOARD OF HANOVER INSURANCE COMPANY,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Mark L. Wolf, U.S. District Judge]
Before
Torruella, Chief Judge,
Cyr and Stahl, Circuit Judges.
Fred Davis on brief pro se.
George R. Suslak and Stanton & Lang on brief for appellees.
OCTOBER 11, 1996
Per Curiam. As the record indicates, at the time the
instant case was filed in federal district court no judgment
had yet entered in state court on the counterclaim of
defendants/appellees. Since all claims had not been
adjudicated, plaintiff/appellant had no right at that time to
appeal the judgment dismissing his action. See Litton
Business Telephone Systems, Inc. v. Schwartz, 9 Mass. App.
Ct. 865, 865, 400 N.E.2d 281, 281 (1979) (dismissing appeal
"because the judgment entered . . . does not dispose of the
counterclaim"). Consequently, he suffered no injury from the
alleged failure of the state court to assemble his record for
appeal.
Affirmed.
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