899 F2d 19 Powell v. Macola Record Company B

899 F.2d 19

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

Derrick D. POWELL, Brian E. Compton, and the Human Effect,
Plaintiffs-Appellants,
v.
MACOLA RECORD COMPANY, Donald B. Macmillan, the Egyptian
Lover, Typge Music, and Egyptian Empire Records,
Inc., Defendants-Appellees.

No. 88-2971.

United States Court of Appeals, Ninth Circuit.

Submitted March 16, 1990.*
Decided March 21, 1990.

Before JAMES R. BROWNING, ALARCON and POOLE, Circuit Judges.

1

MEMORANDUM**

2

Derrick D. Powell, Brian E. Compton, and The Human Effect (collectively "appellants") appeal pro se the district court's order conditionally dismissing their copyright infringement action with prejudice. Although the district court filed its order of conditional dismissal on July 24, 1987, the court has never entered judgment in this case. The district court's order is therefore not a "final order" and this court lacks jurisdiction to hear this appeal. See Wood v. Coast Frame Supply, Inc., 779 F.2d 1441, 1442, amended, 791 F.2d 802 (9th Cir.1986)

3

DISMISSED.

*

The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3