Britell v. United States
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
The parties — who agree on little else— mutually acknowledge that the appeal in this case was improvidently taken to this court and that we lack jurisdiction over it. The question remains, however, whether we should dismiss the appeal (thus leaving the district court’s judgment intact) or transfer it to the proper venue (the Court of Appeals for the Federal Circuit). For the reasons that follow, we hold that dismissal would not be in the interest of justice (and, accordingly, grant the government’s motion to transfer).
I
Background
At this stage of the proceedings, the…
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