The appeal is dismissed because of the lack of an appealable order. See Midwestern Developments, Inc. v. City of Tulsa, 10 Cir., 319 F.2d 53; and Crutcher v. Joyce, 10 Cir., 134 F.2d 809, 813, 814.

On remand, if the plaintiff desires to amend his pleadings, he must do so within 10 days of the date of remand. If he fails to amend, the court should promptly enter a final order dismissing the action.