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United States First Circuit


Rigby v. Damant, 07-1696

In a suit seeking the return of plaintiff's child to Canada pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, appeals of the district court's denials of summary judgment are dismissed where: 1) the denials of summary judgment were not within the interlocutory jurisdiction of the court; and 2) the denials did not pose an elemental question of judicial authority that traditionally triggers mandamus review.

Appellate Information

  • Decided 05/15/2007
  • Published 05/15/2007

Judges

  • PER CURIAM., Before LYNCH, Circuit Judge, CAMPBELL and SELYA, Senior Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Barry S. Pollack, Kevin M. Colmey, Joshua L. Solomon and Sullivan & Worcester LLP on response to order to show cause for petitioner/appellant.

  • For Appellees:
  • Beth I.Z. Boland, Francesca L. Miceli and Bingham McCutchen LLP on motion to dismiss for respondent/appellee.
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