United States v. TRI-STATE GROUP, INC., formerly known as Tri-State Asphalt Corp.

This appears to be a typographical error, as no docket entry appears on November 16. The1
date should read November 6.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 09a0112n.06
Filed: February 11, 2009
No. 07-3525
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES,
Plaintiff-Appellee,
v.
TRI-STATE GROUP, INC., formerly
known as Tri-State Asphalt Corp.,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO
Before: COLE, GIBBONS, and ROGERS, Circuit Judges.
PER CURIAM. A review of the record indicates that on November 6, 2006, an opinion and
order was entered denying defendant Tri-State Group, Inc.’s motion for summary judgment. On
March 28, 2007, the district court filed a judgment entry in favor of plaintiff United States “[f]or the
reasons set forth in the Memorandum Opinion filed on November 16, 2006.” The defendant filed1
a notice of appeal from the March 28, 2007 judgment entry.
No final judgment or appealable order has been entered by the district court. The November
6 opinion and order is not final and appealable because it did not end the litigation on the merits.
See Floyd v. City of Detroit, 518 F.3d 398, 404 (6th Cir. 2008) (denial of a motion for summary

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United States v. Tri-State Group, Inc.
No. 07-3525
2
judgment not appealable except in circumstances not present here). The March 28 judgment entry
purporting to render judgment for the plaintiff is inconsistent with the November 6 opinion and
order, which did not resolve all claims between the parties. We therefore lack jurisdiction over this
case. See 28 U.S.C. § 1291.
It is ORDERED that the appeal be and hereby is dismissed sua sponte without prejudice to
perfect a timely appeal upon entry of a final judgment.

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