Forney v. Apfel, 524 U.S. 266, 7 (1998)

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272

FORNEY v. APFEL

Opinion of the Court

mand order, as the Government has every right to do. See Finkelstein, supra, at 619.

The Solicitor General points to many cases that find a right to appeal in roughly comparable circumstances. See Brief for Respondent 21, n. 12 (citing Gargoyles, Inc. v. United States, 113 F. 3d 1572 (CA Fed. 1997) (permitting appeal where prevailing party recovered reasonable royalty but was denied lost profits); Castle v. Rubin, 78 F. 3d 654 (CADC 1996) (per curiam) (permitting appeal where prevailing party awarded partial backpay but denied reinstatement and front pay); La Plante v. American Honda Motor Co., 27 F. 3d 731 (CA1 1994) (permitting appeal where prevailing party awarded compensatory but not punitive damages); Graziano v. Harrison, 950 F. 2d 107 (CA3 1991) (permitting appeal where prevailing party awarded damages but denied attorney's fees); Ragen Corp. v. Kearney & Trecker Corp., 912 F. 2d 619 (CA3 1990) (permitting appeal where prevailing party denied consequential damages); Carrigan v. Exxon Co., U. S. A., 877 F. 2d 1237 (CA5 1989) (permitting appeal where prevailing party awarded damages but not injunctive relief)).

The contrary authority that amicus, through diligent efforts, has found arose in less closely analogous circumstances and consequently does not persuade us. Brief for Amicus Curiae in Support of the Judgment Below 17, and n. 13; see, e. g., Parr v. United States, 351 U. S. 513, 518 (1956) (order granting Government's motion to dismiss indictment without prejudice as not appealable by defendant in part because the dismissal would not be "final" (emphasis added)); see also CH2M Hill Central, Inc. v. Herman, 131 F. 3d 1244, 1246- 1247 (CA7 1997) (claimant cannot appeal agency appeals panel remand of case for further agency hearing, for appeals order is not type of final agency decision that is reviewable under relevant judicial review statute); Director, Office of Workers' Compensation Programs v. Bath Iron Works Corp., 853 F. 2d 11, 16 (CA1 1988) (same); Stripe-A-Zone v.

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