USCA1 Opinion
[NOT FOR PUBLICATION]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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