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Davis v. Hanover Insurance, 96-1650 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1650 Visitors: 1
Filed: Oct. 15, 1996
Latest Update: Mar. 02, 2020
Summary: Defendants, Appellees.___________, Cyr and Stahl, Circuit Judges.Fred Davis on brief pro se., __________, George R. Suslak and Stanton Lang on brief for appellees.appeal the judgment dismissing his action.counterclaim).
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[NOT FOR PUBLICATION]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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Source:  CourtListener

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