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- Subject: 89-1063 -- CONCUR, FIRSTIER MTGE. CO. v. INVESTORS MTGE. INS. CO.
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-
- SUPREME COURT OF THE UNITED STATES
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-
- No. 89-1063
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-
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- FIRSTIER MORTGAGE COMPANY, aka REALBANC, INC., PETITIONER v. INVESTORS
- MORTGAGE INSURANCE COMPANY
-
- on writ of certiorari to the united states court of appeals for the tenth
- circuit
-
-
- [January 15, 1991]
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- Justice Kennedy, concurring.
-
- I concur in the Court's opinion. The Court determines that the
- announcement by the trial court, though not necessarily a final decision
- within the meaning of 28 U. S. C. MDRV 1291, had sufficient attributes of
- finality to be a "decision" under the saving provision of Rule 4(a)(2) of
- the Federal Rules of Appellate Procedure. It is appropriate to talk in
- terms of finality in the case before us because "the bench ruling did
- announce a decision purporting to dispose of all of FirsTier's claims."
- Ante, at 7-8. I would add, however, that the saving provision of Rule
- 4(a)(2) applies as well to the announcement of an "order," and that some
- orders are appealable even though they do not possess attributes of
- finality. See 28 U. S. C. MDRV 1292(a). In such cases, operation of the
- saving provision would not be controlled by whether or not the trial
- court's announcement was in the nature of a final judgment.
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