
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-1650                                     FRED DAVIS,                                Plaintiff, Appellant,                                          v.                     HANOVER INSURANCE COMPANY, JOHN F. O'BRIEN,                 CHAIRMAN OF THE BOARD OF HANOVER INSURANCE COMPANY,                                Defendants, Appellees.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                       [Hon. Mark L. Wolf, U.S. District Judge]                                           ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                            Cyr and Stahl, Circuit Judges.                                           ______________                                 ____________________            Fred Davis on brief pro se.            __________            George R. Suslak and Stanton & Lang on brief for appellees.            ________________     ______________                                 ____________________                                   OCTOBER 11, 1996                                 ____________________                 Per  Curiam.  As the  record indicates, at  the time the                 ___________            instant  case was filed in federal district court no judgment            had  yet  entered  in  state court  on  the  counterclaim  of            defendants/appellees.    Since   all  claims  had   not  been            adjudicated, plaintiff/appellant had no right at that time to            appeal  the  judgment  dismissing  his action.    See  Litton                                                              ___  ______            Business Telephone  Systems, Inc.  v. Schwartz, 9  Mass. App.            ________________________________      ________            Ct. 865, 865, 400 N.E.2d  281, 281 (1979) (dismissing  appeal            "because the judgment entered .  . . does not dispose of  the            counterclaim").  Consequently, he suffered no injury from the            alleged failure of the state court to assemble his record for            appeal.                 Affirmed.                 ________                                         -2-
