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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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