noting that all three prongs of the Cohen test must be satisfied before collateral order review is appropriate
How later courts described this case
- noting that all three prongs of the Cohen test must be satisfied before collateral order review is appropriate
- court may avail itself of All Writs Act to achieve ends of justice entrusted to it and aid in performance of court’s duties
- “[T]he real party in interest in an official capacity suit is not the individual but rather the entity of which the officer is an agent.”
- “the writ issued must aid the court in the exercise of its jurisdiction”
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
Nov. 1, 1994
The petition for rehearing filed by appellee in the above entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.