No. 79-1420.

449 U.S. 368 (1981)


Supreme Court of United States.

Decided January 13, 1981.

Attorney(s) appearing for the Case

Harvey M. Grossman argued the cause for petitioner. With him on the briefs was William Freivogel.

John R. Gibson argued the cause for respondent. With him on the briefs were Martin J. Purcell and Morris J. Nunn.*

JUSTICE MARSHALL delivered the opinion of the Court.

This case presents the question whether a party may take an appeal, pursuant to 28 U. S. C. § 1291,1 from a district court order denying a motion to disqualify counsel for the opposing party in a civil case. The United States Court of Appeals for the Eighth Circuit held that such orders are not appealable, but made its decision prospective only and therefore

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