BRITELL v. U.S.

No. 02-1944.

318 F.3d 70 (2003)

Maureen M. BRITELL, Plaintiff, Appellee, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 28, 2003.


Attorney(s) appearing for the Case

Robert M. Loeb, Appellate Staff, Civil Division, United States Department of Justice, with whom Robert D. McCallum, Jr., Assistant Attorney General, Michael J. Sullivan, United States Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Eric D. Miller, Attorney, were on brief, for appellant.

John H. Henn, with whom Jessica M. Silbey, Seth Nesin, Foley Hoag LLP, Simon Heller, Brigitte Amiri, and The Center for Reproductive Law & Policy were on brief, for appellee.

Before SELYA, Circuit Judge, FARRIS, Senior Circuit Judge, and HOWARD, Circuit Judge.


SELYA, Circuit Judge.

The parties — who agree on little else — mutually acknowledge that the appeal in this case was improvidently taken to this court and that we lack jurisdiction over it. The question remains, however, whether we should dismiss the appeal (thus leaving the district court's judgment intact) or transfer it to the proper venue (the Court of Appeals for the Federal Circuit). For the reasons that follow, we hold that dismissal would not...

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