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FLANAGAN v. UNITED STATES

No. 82-374.

465 U.S. 259 (1984)

FLANAGAN ET AL. v. UNITED STATES

Supreme Court of United States.

Decided February 21, 1984

Attorney(s) appearing for the Case

Edward H. Rubenstone argued the cause for petitioners. With him on the briefs was Richard A. Sprague.

Deputy Solicitor General Frey argued the cause for the United States. With him on the brief was Solicitor General Lee, Assistant Attorney General Trott, Richard G. Wilkins, and Peter D. Isakoff.*

JUSTICE O'CONNOR delivered the opinion of the Court.

In Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981), the Court held that a pretrial denial of a motion to disqualify counsel in a civil case is not appealable prior to trial under 28 U. S. C. § 1291 as a final collateral order. The Court reserved the questions of the immediate appealability of pretrial denials of disqualification motions in criminal...

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