UNITED STATES v. BRIZENDINE

No. 81-1196.

659 F.2d 215 (1981)

UNITED STATES of America, v. John C. BRIZENDINE, Charles M. Forsyth, James S. McDonnell, III, and Sherman Pruitt, Jr., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 1981.


Attorney(s) appearing for the Case

Peter E. Fleming, Jr., New York City, was on the brief and argued for all appellants.

James H. Rowe, III, New York City, Charles B. Rosenberg, and Miles N. Ruthberg, Los Angeles, Cal., were on the brief for appellant Brizendine.

Seymour Glanzer and Kenneth L. Adams, Washington, D. C., were on the brief for appellant Forsyth.

John W. Vardaman, Jr. and David E. Kendall, Washington, D. C., were on the brief for appellant McDonnell.

John M. Bray and David J. Curtin, Washington, D. C., were on the brief for appellant Pruitt.

Robert J. Erickson, Atty., Dept. of Justice, Washington, D.C., of the bar of the Supreme Court of North Dakota, pro hac vice, by special leave of court, with whom George J. Mendelson and Michael A. Lubin, Attys., Dept. of Justice, Washington, D. C., were on the brief for appellee.

Before WRIGHT, WALD and MIKVA, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

To avoid the delays and inefficiencies of piecemeal litigation, 28 U.S.C. § 1291 (1976) limits appellate jurisdiction to "final decisions" of the District Courts. Although the statute has been judicially construed to allow interlocutory review of a small class of cases in which post-judgment review would be too late, the exceptions must be narrowly defined...

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