United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 96-4093 ___________ Elmer Oberhellmann, beneficiary * of Elmer Oberhellmann, Inc. Defined * Benefit Pension Plan, * * Appellant, * * v. * * Brian Hodak, also known as Bryon * Appeal from the United States Hodak, Fiduciary of the Elmer * District Court for the Oberhellmann, Inc. Defined Benefit * Eastern District of Missouri.

Pension Plan, * [UNPUBLISHED] * Defendant, * * Kristin Petersen Oberhellmann, * Fiduciary and Trustee of the Elmer * Oberhellmann, Inc. Defined Benefit * Pension Plan; Kristin Petersen * Oberhellmann, Individually; Joann * Newman; Bradley Winters, * * Appellees. * ___________ Submitted: May 21, 1998 Filed: May 27, 1998 ___________ Before BOWMAN, Chief Judge, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM.

Elmer Oberhellmann filed a notice of appeal from the district court’s1 order dismissing his action. Because that order did not dispose of Kristin Oberhellmann’s counterclaim against Elmer Oberhellmann, it was not a final order and we lack jurisdiction to review it. See 28 U.S.C. § 1291; Fed. R. Civ. P. 54(b); Thomas v. Basham, 931 F.2d 521, 522-23 (8th Cir. 1991). We therefore dismiss the appeal.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

The Honorable Jean C. Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri.

-2-