Mayersky v. Celebrezze, 15258.
| Decision Date | 02 November 1965 |
| Docket Number | No. 15258.,15258. |
| Citation | 353 F.2d 89 |
| Parties | Michael J. MAYERSKY, 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.
Merna B. Marshall, Asst. U. S. Atty., Philadelphia, Pa. (Drew J. T. O'Keefe, U. S. Atty., Sherman L. Cohn, Edward Berlin, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellee.
Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.
It is conceded here that our decision in Marshall v. Celebrezze, Secretary, etc., 351 F.2d 467 (opinion filed October 4, 1965) governs this appeal. As we said in Marshall,
The appeal will be dismissed.
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14 cases
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Bohms v. Gardner
...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 its own motion, after the Secretary's answer had be......
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Tulsa Area Hospital Council, Inc. v. Oral Roberts University
...law, 28 U.S.C. 1291, is construed in accord with my view. Bohms v. Gardner, 381 F.2d 283, 285 (8th Cir. 1967); Mayersky v. Celebrezze, 353 F.2d 89 (3rd Cir. 1965); Marshall v. Celebrezze, 351 F.2d 467, 468 (3rd Cir. 1965). 1 My conclusion is that this appeal should have been dismissed. This......
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Bender v. Clark
...order concerned important evidentiary question, government was not a party and thus urgency factor not a concern); Mayersky v. Celebrezze, 353 F.2d 89 (3d Cir.1965) (remand order instructed Secretary to take additional evidence which is within district court's discretion).4 The government c......
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Gentile v. Gardner
...case to the Secretary for further proceedings is interlocutory. Marshall v. Celebrezze, 351 F.2d 467 (3d Cir. 1965); Mayersky v. Celebrezze, 353 F.2d 89 (3d Cir. 1965). 2 Subsection 205(g) of the Act, as amended September 13, 1960, Pub.L. 86-778, § 702(a), 74 Stat. 924, "Any action institut......
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