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  • Michael J. Mayersky v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, United States of America, 353 F.2d 89, 3rd Cir. (1965)

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    This document is a court case from 1965 in which Michael J. Mayersky appealed a decision by the Secretary of Health, Education and Welfare. The United States Court of Appeals for the Third Circuit dismissed the appeal, citing a previous ruling that such orders are interlocutory and not final, therefore not appealable under 28 U.S.C. 1291. The court stated its previous ruling in Marshall v. Celebrezze governed this case and required dismissal of the appeal.

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    Filed: 1965-11-02 Precedential Status: Precedential Citations: 353 F.2d 89 Docket: 15258

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    This document is a court case from 1965 in which Michael J. Mayersky appealed a decision by the Secretary of Health, Education and Welfare. The United States Court of Appeals for the Third Circuit dismissed the appeal, citing a previous ruling that such orders are interlocutory and not final, therefore not appealable under 28 U.S.C. 1291. The court stated its previous ruling in Marshall v. Celebrezze governed this case and required dismissal of the appeal.

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    8 views1 page

    Michael J. Mayersky v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, United States of America, 353 F.2d 89, 3rd Cir. (1965)

    Uploaded by

    Scribd Government Docs
    This document is a court case from 1965 in which Michael J. Mayersky appealed a decision by the Secretary of Health, Education and Welfare. The United States Court of Appeals for the Third Circuit dismissed the appeal, citing a previous ruling that such orders are interlocutory and not final, therefore not appealable under 28 U.S.C. 1291. The court stated its previous ruling in Marshall v. Celebrezze governed this case and required dismissal of the appeal.

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    of 1

    353 F.

    2d 89

    Michael J. MAYERSKY, Appellant,


    v.
    Anthony J. CELEBREZZE, Secretary of Health, Education
    and
    Welfare, United States of America.
    No. 15258.

    United States Court of Appeals Third Circuit.


    Argued Oct. 19, 1965.
    Decided Nov. 2, 1965.

    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.
    PER CURIAM.

    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 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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