CLARK, Senior Circuit Judge.
Pursuant to this court's Internal Operating Procedure 4 following Fed.R.App.P. 35, one of the members of the court has raised an issue with the panel with respect to whether our court has jurisdiction of the appeal in this case pursuant to 28 U.S.C. § 1292(a)(1). In order to resolve the jurisdictional issue, we think it appropriate to ensure that this court may properly exercise jurisdiction pursuant to 28 U.S.C. § 1291.
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