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United States v. Flanagan

United States Court of Appeals, Third Circuit
Apr 12, 1984
730 F.2d 945 (3d Cir. 1984)

Opinion

No. 81-3116.

Submitted Pursuant to Third Circuit Rule 12(6) March 26, 1984.

Decided April 12, 1984.

Bruce L. Thall, Sprague Rubenstone, Philadelphia, Pa., for appellants.

Luther E. Weaver, III, Peter F. Schenck, Asst. U.S. Attys., Philadelphia, Pa., for appellee.

Appeal from United States District Court, Eastern District of Pennsylvania; Alfred L. Luongo, Judge.

Before GIBBONS and HUNTER, Circuit Judges, and THOMPSON, District Judge.

Hon. Anne E. Thompson, United States District Judge for the District of New Jersey, sitting by designation.


OPINION ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES


When this appeal was first considered the governing precedents in this court established that orders disqualifying counsel were collaterally final. See e.g., United States v. Miller, 624 F.2d 1198, 1199 (3d Cir. 1980); IBM v. Levin, 579 F.2d 271, 277-78 (3d Cir. 1978). Those holdings were not affected by Firestone Tire Rubber Co. v. Risjord, 449 U.S. 368, 372 n. 8, 101 S.Ct. 669, 672 n. 8, 66 L.Ed.2d 571 (1981). We affirmed the district court disqualification order 527 F. Supp. 902. United States v. Flanagan, 679 F.2d 1072 (3d Cir. 1982). The defendants petitioned for certiorari. The Supreme Court granted certiorari and held that a District court pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U.S.C. § 1291. The Court directed that this appeal be dismissed. Flanagan v. United States, ___ U.S. ___, 104 S.Ct. 1051, 79 L.Ed.2d 288 (1984). In compliance with that direction the appeal will be dismissed.


Summaries of

United States v. Flanagan

United States Court of Appeals, Third Circuit
Apr 12, 1984
730 F.2d 945 (3d Cir. 1984)
Case details for

United States v. Flanagan

Case Details

Full title:UNITED STATES OF AMERICA v. ROBERT FLANAGAN, JAMES KEWESHAN, SIDNEY LANDIS…

Court:United States Court of Appeals, Third Circuit

Date published: Apr 12, 1984

Citations

730 F.2d 945 (3d Cir. 1984)

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