Capital Network System, Inc., Petitioner, v. Federal Communications Commission and United States Ofamerica, Respondents, 966 F.2d 701 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 966 F.2d 701 (D.C. Cir. 1992) May 6, 1992

Before WALD, D.H. GINSBURG and SENTELLE, Circuit Judges.



Upon consideration of respondent's motion to dismiss and the response thereto, it is

ORDERED that the motion be granted. The denial of petitioner's motion for an administrative stay is an unappealable interlocutory ruling, not a "final order" of the Commission. See 28 U.S.C. 2342(1) (providing for review of final orders of the Commission); Honicker v. Nuclear Regulatory Commission, 590 F.2d 1207, 1209 (D.C. Cir. 1978), cert. denied, 441 U.S. 906 (1979) (dismissing as nonfinal petition for review of NRC's denial of emergency petition to shut down nuclear power plant).

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.