BY THE COURT:
Plaintiff appeals the denial by the district court of a jury trial on his Age Discrimination Employment Act, 29 U.S.C. §§ 621 et seq., claim against Chevron. Chevron has moved to dismiss the appeal.
Because the requirements of 28 U.S.C. § 1292(a) and (b) have not been met, this issue is not cognizable on appeal.
For treatment of this issue when presented as a writ of mandamus see Dairy Queen, Inc. v. Wood, 369 U.S. 469, 82 S.Ct. 894, 8 L.Ed.2d 44 (1962); Moore's Fed.Prac. Vol. 9, ¶ 110.20[4].
It appears that the issue raised by this appeal was submitted for decision to a panel of this court on April 20, 1977, in Murphy v. American Motors Sales Corp. (No. 76-2718).
The appeal is DISMISSED.