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Civil Procedure Keyed to Marcus
Digital Equipment Corporation v. Desktop Direct, Inc
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Confidential settlement of the matter was reached on March 25, 1992. That same day, Respondent filed a Notice of Dismissal in the district court. Several months later, Respondent moved to vacate the dismissal and rescind the settlement agreement, alleging misrepresentation of material facts during settlement negotiations. The district court granted the motion and Respondent appealed. The United States Court of Appeals for the Tenth Circuit dismissed the appeal for lack of jurisdiction, holding that the district court order was not appealable under Section 1291 because it neither ended the litigation on the merits nor fell within the long recognized collateral order exception to the final judgment requirement.
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