*Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 95-31099

Summary Calendar

____________________

GRESHLYN JONES; WESLEY JONES,

Plaintiffs-Appellants,

versus

PRIMERICA LIFE INSURANCE,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the

Middle District of Louisiana

 (94-CV-2250-B) 

________________________________________________________________

August 28, 1996

Before JOLLY, JONES, and STEWART, Circuit Judges.

PER CURIAM:*

Upon consideration sua sponte of our jurisdiction to hear this

appeal, we dismiss this appeal for lack of jurisdiction under 28

U.S.C. § 1291.

I

On September 26, 1995, the district court granted Primerica

Life Insurance Company's motion for summary judgment on the federal
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claims of Greshlyn and Wesley Jones, denied Primerica's motion for

summary judgment on the Joneses' state law claims, and remanded

those claims to state court. On October 16, Primerica filed a Rule

59(e) motion to alter or amend the judgment. On October 26, before

the district court had ruled on the outstanding Rule 59(e) motion,

the Joneses filed a notice of appeal from the district court's

September 26 order granting summary judgment to Primerica on their

federal claims. On November 14, the district court granted

Primerica's Rule 59(e) motion and vacated its order remanding the

state law claims to state court. The district court held a

preliminary conference on December 12, and set September 16, 1996,

as the trial date for the state law claims. 

On December 13, we dismissed the Joneses' appeal for want of

prosecution because the Joneses failed to order a transcript within

the time fixed by the rules. On January 9, 1996, we granted the

Joneses' motion to reinstate the appeal. On February 2, 1996,

Primerica filed a motion to dismiss the appeal. We denied

Primerica's motion on March 21.

II

We have jurisdiction of appeals from all final decisions of

the district court. 28 U.S.C. § 1291 (1994). Rule 4(a)(4) of the

Federal Rules of Appellate Procedure declares:

A notice of appeal filed after announcement or entry of

the judgment but before disposition of [a motion to alter
1When read together, the September 26 order and the November 14

vacatur of the order remanding the state law claims do not

"reflect[] the district court's unmistakable intent to enter a

partial final judgment under Rule 54(b)." Kelly v. Lee's Old

Fashioned Hamburgers, Inc., 908 F.2d 1218, 1220 (5th Cir. 1990) (en

banc). We therefore "refuse to consider the order appealable."

Id.

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or amend the judgment under Rule 59] is ineffective to

appeal from the judgment or order, or part thereof,

specified in the notice of appeal, until the entry of the

order disposing of the last such motion outstanding.

Fed.R.App.P. 4(a)(4). Applying this rule to the present case, the

Joneses' appeal from the district court's order dated September 26,

1995, was ineffective because of Primerica's outstanding Rule 59(e)

motion until November 14, when the district court disposed of

Primerica's motion by vacating its remand order. After the

district court disposed of the outstanding Rule 59(e) motion, the

order dated October 2, 1995, was no longer a final judgment under

§ 1291 because outstanding state law claims were, and are, still

before the district court due to the vacatur of the remand order.

III

Because we lack appellate jurisdiction under § 1291, this

appeal is

D I S M I S S E D.1