Legal Opinion

Pauline Sacks and Marvin Sacks v. Herbert Rothberg

Court of Appeals for the D.C. Circuit

Decided May 6, 1988No. 88-7009PublishedCited by 13 opinions

1Opinion of the Court

ON MOTION TO DISMISS APPEAL AS PREMATURE

Before RUTH BADER GINSBURG, D.H. GINSBURG and SENTELLE, Circuit Judges.

Opinion PER CURIAM.

2Per curiam

The question before us is whether a premature notice of appeal becomes effective to vest this court with jurisdiction once the district court disposes, finally, of all matters pending before it. We answer that question in the affirmative, and hold that this court has jurisdiction over the instant appeal.

Appellants, Pauline and Marvin Sacks, filed a complaint alleging breach of contract and fraud, and requesting an accounting. Defendant, Herbert Rothberg,…

3Cases cited9 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  3. Union Labor Life Insurance v. PirenoSupreme Court of the United States · 1982
  4. Alcorn County, Mississippi v. U.S. Interstate Supplies, Inc.Court of Appeals for the Fifth Circuit · 1984
  5. Cape May Greene, Inc. v. WarrenCourt of Appeals for the Third Circuit · 1983

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4Cited by13 opinions

  1. Emerson Thomas v. Marian BashamCourt of Appeals for the Eighth Circuit · 1991
  2. Hollins v. Federal National Mortgage Ass'nDistrict of Columbia Court of Appeals · 2000
  3. Alegria v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2004
  4. Telestar, Inc. v. Federal Communications Commission and the United States of America, MCI Telecommunications Corporation, IntervenorCourt of Appeals for the D.C. Circuit · 1989
  5. Building Industry Ass'n of Superior California v. NortonCourt of Appeals for the D.C. Circuit · 2001

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