United States First Circuit

The First Circuit lacks jurisdiction over appeal based on a case brought under 28 U.S.C. section 1346 but, where dismissal would not be in the interest of justice, a motion to transfer to the proper venue (U.S. Court of Appeals for the Federal Circuit) is granted.

Appellate Information

• Decided 01/28/2003
• Published 01/28/2003

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, FARRIS, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert M. Loeb, Appellate Staff, Civil Division, United States Department of Justice, with whom Robert D. McCallum, Jr., Assistant Attorney General, Michael J. Sullivan, United States Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Eric D. Miller, Attorney, were on brief, for appellant.


• For Appellees:
  
• John H. Henn, with whom Jessica M. Silbey, Seth Nesin, Foley Hoag LLP, Simon Heller, Brigitte Amiri, and The Center for Reproductive Law & Policy were on brief, for appellee.