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89_504.c1
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1990-06-25
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Subject: 89-504, CONCUR, SULLIVAN v. FINKELSTEIN
SUPREME COURT OF THE UNITED STATES
No. 89-504
LOUIS W. SULLIVAN, SECRETARY OF HEALTH
AND HUMAN SERVICES, PETITIONER v.
MARILYN FINKELSTEIN
on writ of certiorari to the united states court of appeals for the third
circuit
[June 18, 1990]
Justice Blackmun, concurring in the judgment.
I am not convinced, as the other Members of the Court appear to be,
that the order with which we are concerned is a final decision. It seems
to me that the Court in its opinion expends its energy fending off
respondent's arguments as to nonappealability, without itself demonstrating
finality in a positive way.
I concur in the judgment, however. Although I think the order is not a
final decision under 28 U. S. C. 1291, it is immediately appealable under
the collateral order doctrine enunciated in Cohen v. Beneficial Industrial
Loan Corp., 337 U. S. 541 (1949). This is the view adopted by the great
majority of the Courts of Appeals, and I am in agreement with their
conclusions. See, e. g., Colon v. Secretary of HHS, 877 F. 2d 148, 151-152
(CA1 1989); Doughty v. Bowen, 839 F. 2d 644, 645-646 (CA10 1988); Huie v.
Bowen, 788 F. 2d 698, 701-703 (CA11 1986).
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