SUBSALVE USA CORP. v. WATSON MFG., INC.

No. 05-2645.

462 F.3d 41 (2006)

SUBSALVE USA CORPORATION, Plaintiff, Appellant, v. WATSON MANUFACTURING, INC. and Lynden C. Cox, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 7, 2006.


Attorney(s) appearing for the Case

Jeffrey K. Techentin, with whom R. Bart Totten and Adler Pollock & Sheehan P.C. were on brief, for appellant.

John P. Gyorgy, with whom Thomas R. Noel and Noel & Gyorgy LLP were on brief, for appellees.

Before TORRUELLA, SELYA and DYK, Circuit Judges.


SELYA, Circuit Judge.

This appeal presents the conundrum of what to do when a district court order purports both to grant a motion to dismiss and to transfer the action to a different district. Based on clear evidence of the district judge's intent, we hold that the order should be construed as a transfer order and that, therefore, immediate appellate review of the underlying findings is unavailable.

I. BACKGROUND

On December 21, 2004...

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