United States Fire Insurance Company v. American Family Life Assurance Company of Columbus, Georgia

787 F.2d 438, 1986 U.S. App. LEXIS 23425

• Court: Court of Appeals for the Eighth Circuit
• Decided: March 31, 1986
• Docket: 85-2309
• Status: Published

Opinion

PER CURIAM.

Boston Old Colony Insurance Company and United States Fire Insurance Company appeal from the October 14, 1985, order of the district court for the Western District of Missouri transferring this cause to the Western District of Georgia. American Family Life Assurance Company moves to dismiss the appeal on the ground the transfer order is interlocutory and not appeal-able as a final judgment under 28 U.S.C. § 1291 because issues remain pending in the transferee circuit. We agree, and dismiss the appeal for lack of jurisdiction. See, e.g., McCreary Tire & Rubber Co. v. Ceat. S.P.A., 501 F.2d 1032 (3d Cir.1974); Wallace v. Norman Industries, 467 F.2d 824 (5th Cir.1972); Fischer v. National Bank of Omaha, 466 F.2d 511 (8th Cir. 1972); Kasey v. Molybdenum Corp., 408 F.2d 16 (9th Cir.1969); D’Ippolito v. American Oil Co., 401 F.2d 764 (2d Cir.1968).