Apex Hosiery Co. v. Leader

Apex Hosiery Co. v. Leader - decision.” This is the...

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Civil Procedure 9/9 Appeals Apex Hosiery Co. v. Leader, 3 rd Circuit Court of Appeals, 1939 Facts : defendants appealed an order of the below court for the discovery and production by them of documents for inspection, copying and photographing by the plaintiff for use at the trial. Procedure: Issue: whether you can appeal a trial court’s decision for discovery Holding : appeal dismissed Rule : Federal Rule of Civil Procedure 34 Class Notes : 28U.S.C. §1291 – “the court of appeals shall have jurisdiction of appeals from all final decisions of the district courts.” The negative implication of this is that the courts of appeals do not have jurisdiction over an effort to appeal from an order that is not a “final
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Unformatted text preview: decision.” This is the “final judgment rule.” Final decision/judgment – ends all claims against all parties. Rule 34 – Hoffheimer Notes : Exceptions to final judgment rule: 54(b) – no just reason for delay = final decision and thus appealable §1292 – certain interlocutory decisions can be appealed; injunctions can be appealed; (b) involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation; this is on a discretionary basis – intermediate court may, at its discretion, permit an appeal....
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