Marshall v. Celebrezze, 15226.
| Decision Date | 04 October 1965 |
| Docket Number | No. 15226.,15226. |
| Citation | 351 F.2d 467 |
| Parties | Joseph P. MARSHALL, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, United States of America. |
| Court | U.S. Court of Appeals — Third Circuit |
W. J. Krencewicz, Shenandoah, Pa., for appellant.
Morton Hollander, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Drew J. T. O'Keefe, U. S. Atty., Sherman L. Cohn, Edward Berlin, Attys., Dept. of Justice, Washington, D. C., for appellee.
Before McLAUGHLIN, HASTIE and FREEDMAN, Circuit Judges.
The order from which this appeal has been taken is interlocutory, not final. It is unappealable. 28 U.S.C. § 1291.
The appeal will be dismissed.
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19 cases
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Horizons Intern., Inc. v. Baldrige
...be regarded as precedential in the present context. Even less closely on point is the two-sentence disposition in Marshall v. Celebrezze, 351 F.2d 467 (3d Cir.1965), which dismissed an appeal from an order remanding the case to the HEW Secretary for the taking of additional evidence. That o......
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Marshall v. Lansing
...and is thus not appealable. See United Steelworkers of America v. Union R.R. Co., 648 F.2d 905, 909 (3d Cir.1981); Marshall v. Celebrezze, 351 F.2d 467 (3d Cir.1965); see also Bachowski v. Usery, 545 F.2d 363 (3d Cir.1976). Plainly, a right to appeal cannot be waived if no appeal could have......
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Bohms v. Gardner
...The appeal therefrom was dismissed on the ground that the remand order was not final within the meaning of § 1291. Marshall v. Celebrezze, 351 F.2d 467 (3 Cir. 1965); Mayersky v. Celebrezze, 353 F.2d 89 (3 Cir. 1965). Although the district court in the present case effected the remand on it......
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U.S. v. Spears
...generally not appealable. United Steelworkers of America, Local 1913 v. Union R.R., 648 F.2d 905, 909 (3d Cir.1981); Marshall v. Celebrezze, 351 F.2d 467, 468 (3d Cir.1965). An exception exists, however, to the nonappealability of such remand orders. In AJA Assoc. v. Army Corps of Engineers......
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