Network Communications v. Michigan Bell Telephone Company
Court of Appeals for the Sixth Circuit
1Opinion of the Court
JOHN W. PECK, Senior Circuit Judge.
We are required to determine whether we have jurisdiction to hear an appeal from a summary judgment on all counts in the current complaint when pending before the district court there is a motion to amend the complaint to add new claims. Because the district court clearly intended to dispose of the motion to amend, we hold that we do not have jurisdiction of this appeal under 28 U.S.C. § 1291.
I
Plaintiff Network Communications (“NetCom”) filed a complaint in the district court on June 7, 1988, amended by a First Amended Complaint on June 15, 1988, containing…
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