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UNITED STATES of America, Plaintiff-Appellee, v. John L. SASSCER, Defendant-Appellant, and Mabel G. Sasscer, Defendant

United States Court of Appeals for the Fourth Circuit2001-05-03No. No. 01-1067
8 F. App'x 226

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Opinion

majority opinion

PER CURIAM.

John L. Sasscer appeals from the district court’s order granting summary judgment to the United States with respect to his 1978-1981 and 1983-1989 federal income tax liability. Because the government’s action with respect to Sasscer’s 1976 and 1977 tax liability is still pending in the district court, we dismiss the appeal for lack of jurisdiction. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

We deny Sasscer’s motion for summary judgment and dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.