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BRYANT v. SYLVESTER

No. 94-1635.

57 F.3d 308 (1995)

Andre M. BRYANT; Fathers' and Children's Equality, Inc., Appellees, v. Esther R. SYLVESTER, Honorable, Administrative Judge-Family Division in her official and individual capacity; Nancy Sobolevitch, Esquire, Court Administrator in her official and individual capacity; Geoff Gallas, Executive Court Administrator in his official and individual capacity; Matthew Tierney, Court Administrator-Family Division in his official and individual capacity, Joseph Di Primio, Esquire, Court Administrator in his official and individual capacity; Andrea Hoffman-Jelin, Esquire, Director of Children and Youth Services in her official and individual capacity, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Vacated June 1, 1995.

Submitted on Rehearing June 5, 1995.

Decided June 8, 1995.

Attorney(s) appearing for the Case

David M. Donaldson (argued), Howard M. Holmes, Supreme Court of Pennsylvania, Administrative Office of Pa. Courts, Philadelphia, PA, for appellants.

Ronald K.M. Williams (argued), Northwest Legal Center, Philadelphia, PA, for appellees.

Before: STAPLETON, ROTH and LEWIS, Circuit Judges.

Submitted Pursuant to LAR 34.1(a) on Panel Rehearing June 5, 1995.

OPINION OF THE COURT

LEWIS, Circuit Judge.

This case raises an issue of apparent first impression: whether an order denying the Rooker-Feldman defense is final as a collateral order. We conclude that an order denying the Rooker-Feldman defense is not final as a collateral order and is not immediately appealable under the collateral order doctrine. We will therefore dismiss...

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