IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 7, 2009 No. 08 - 50457 Charles R. Fulbruge III Clerk ROBROY INDUSTRIES INCORPORATED Plaintiff - Appellant v. JOSEPH SCHWALBACH AND CL SYSTEMS CORPORATION Defendants - Appellees

Appeal from the United States District Court Western District of Texas Midland Division No. 7:06-cv-00040-RAJ

Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM:* The District Court had jurisdiction to enter the order granting a new trial.

Consequently, the present appeal is dismissed because of the absence of a final, appealable order.

DISMISSED.

* Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .

R. 47.5.4.