558 F.2d 236
15 Fair Empl. Prac. Cas. (BNA) 604
James L. COBB, Plaintiff-Appellant,
v.
CHEVRON U. S. A., INC., Defendant-Appellee.
No. 77-2342.
United States Court of Appeals,
Fifth Circuit.
Aug. 24, 1977.
Robert N. Willis, Atlanta, Ga., for plaintiff-appellant.
Charles Kelso, D. Gerald Coker, Atlanta, Ga., for defendant-appellee.
Appeal from the United States District Court for the Northern District of Georgia.
Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.
BY THE COURT:
Plaintiff appeals the denial by the district court of a jury trial on his Age Discrimination Employment Act, 29 U.S.C. §§ 621 et seq., claim against Chevron. Chevron has moved to dismiss the appeal.
Because the requirements of 28 U.S.C. § 1292(a) and (b) have not been met, this issue is not cognizable on appeal.1
The appeal is DISMISSED.
For treatment of this issue when presented as a writ of mandamus see Dairy Queen, Inc. v. Wood, 369 U.S. 469, 82 S. Ct. 894, 8 L. Ed. 2d 44 (1962); Moore's Fed.Prac. Vol. 9, P 110.20(4)
It appears that the issue raised by this appeal was submitted for decision to a panel of this court on April 20, 1977, in Murphy v. American Motors Sales Corp. (No. 76-2718).
