Opinion · Court of Appeals for the Third Circuit

Michael J. Mayersky v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, United States of America

353 F.2d 89

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1965-11-02
Topic
employee-benefits-and-executive-compensation

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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Cited by
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MAYERSKY v. CELEBREZZE,353 F.2d 89(3rd Cir. 1965)
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 October 19, 1965.
Decided November 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.