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United States v. Flanagan

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


April 12, 1984

UNITED STATES OF AMERICA
v.
ROBERT FLANAGAN, JAMES KEWESHAN, SIDNEY LANDIS AND THOMAS MCNAMEE, APPELLANTS

Eastern District of Pennsylvania {Q}Opinion{/Q} ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Author: Gibbons

BEFORE: GOBBONS, HUNTER, Circuit Judges, and THOMPSON, District Judge*fn*

GIBBONS, Circuit Judge:

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 (1981). We affirmed the district court disqualification order. United States v. Flanagan, 679 F.2d 1972 (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 procesution is not immediately appealable under 28 U.S.C. ยง 1291. The Court directed that this appeal be dismissed. Flanagan v. United States, U.S. , 52 U.S.L.W. 4201 (U.S. Feb. 21, 1984) (No. 82-374) In compliance with that direction the appeal will be dismissed.


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