Loren E. Thompson, D/B/A Parkersburg Die & Tool Company v. United States

This is an appeal in an action brought by the United States to recover damages- for breach of contract. The defendant in his answer asserted counterclaims for damages arising out of the same contract. The counterclaims were dismissed and stricken from the answer on the ground that the court had been given no jurisdiction to entertain them, and from the order of dismissal the defendant brings this appeal.

It is clear that the appeal of defendant is premature and must be dismissed. The order appealed from did not terminate the action between the parties, but merely struck the counterclaims from…