[United States Government Manual]
[June 01, 1999]
[Pages 68-75]
[From the U.S. Government Publishing Office, www.gpo.gov]




Lower Courts

Article III of the Constitution declares, in section 1, that the 
judicial power of the United States shall be invested in one Supreme 
Court and in ``such inferior Courts as the Congress may from time to 
time ordain and establish.'' The Supreme Court has held that these 
constitutional courts ``. . . share in the exercise of the judicial 
power defined in that section, can be invested with no other 
jurisdiction, and have judges who hold office during good behavior, with 
no power in Congress to provide otherwise.''
United States Courts of Appeals  The courts of appeals are intermediate 
appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to 
relieve the Supreme Court of considering all appeals in cases originally 
decided by the Federal trial courts. They are empowered to review all 
final decisions and certain

[[Page 69]]

interlocutory decisions (18 U.S.C. 3731; 28 U.S.C. 1291, 1292) of 
district courts. They also are empowered to review and enforce orders of 
many Federal administrative bodies. The decisions of the courts of 
appeals are final except as they are subject to review on writ of 
certiorari by the Supreme Court.
    The United States is divided geographically into 12 judicial 
circuits, including the District of Columbia. Each circuit has a court 
of appeals (28 U.S.C. 41, 1294). Each of the 50 States is assigned to 
one of the circuits, and the Territories are assigned variously to the 
first, third, and ninth circuits. There is also a Court of Appeals for 
the Federal Circuit, which has nationwide jurisdiction defined by 
subject matter. At present each court of appeals has from 6 to 28 
permanent circuit judgeships (179 in all), depending upon the amount of 
judicial work in the circuit. Circuit judges hold their offices during 
good behavior as provided by Article III, section 1, of the 
Constitution. The judge senior in commission who is under 70 years of 
age (65 at inception of term), has been in office at least 1 year, and 
has not previously been chief judge, serves as the chief judge of the 
circuit for a 7-year term. One of the justices of the Supreme Court is 
assigned as circuit justice for each of the 13 judicial circuits. Each 
court of appeals normally hears cases in panels consisting of three 
judges but may sit en banc with all judges present.
    The judges of each circuit (except the Federal Circuit) by vote 
determine the size of the judicial council for the circuit, which 
consists of the chief judge and an equal number of circuit and district 
judges. The council considers the state of Federal judicial business in 
the circuit and may ``make all necessary and appropriate orders for 
[its] effective and expeditious administration . . .'' (28 U.S.C. 332). 
The chief judge of each circuit may summon periodically a judicial 
conference of all judges of the circuit, including members of the bar, 
to discuss the business of the Federal courts of the circuit (28 U.S.C. 
333). The chief judge of each circuit and a district judge elected from 
each of the 12 geographical circuits, together with the chief judge of 
the Court of International Trade, serve as members of the Judicial 
Conference of the United States, over which the Chief Justice of the 
United States presides. This is the governing body for the 
administration of the Federal judicial system as a whole (28 U.S.C. 
331).
United States Court of Appeals for the Federal Circuit  This court was 
established under Article III of the Constitution pursuant to the 
Federal Courts Improvement Act of 1982 (28 U.S.C. 41, 44, 48), as 
successor to the former United States Court of Customs and Patent 
Appeals and the United States Court of Claims. The jurisdiction of the 
court is nationwide (as provided by 28 U.S.C. 1295) and includes appeals 
from the district courts in patent cases; appeals from the district 
courts in contract, and certain other civil actions in which the United 
States is a defendant; and appeals from final decisions of the U.S. 
Court of International Trade, the U.S. Court of Federal Claims, and the 
U.S. Court of Appeals for Veterans Claims. The jurisdiction of the court 
also includes the review of administrative rulings by the Patent and 
Trademark Office, U.S. International Trade Commission, Secretary of 
Commerce, agency boards of contract appeals, and the Merit Systems 
Protection Board, as well as rulemaking of the Department of Veterans 
Affairs; review of decisions of the U.S. Senate Select Committee on 
Ethics concerning discrimination claims of Senate employees; and review 
of a final order of an entity to be designated by the President 
concerning discrimination claims of Presidential appointees.
    The court consists of 12 circuit judges. It sits in panels of three 
or more on each case and may also hear or rehear a case en banc. The 
court sits principally in Washington, DC, and may hold court wherever 
any court of appeals sits (28 U.S.C. 48).

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                               Judicial Circuits--United States Courts of Appeals
----------------------------------------------------------------------------------------------------------------
                  Circuit                                       Judges                       Official Station
----------------------------------------------------------------------------------------------------------------
                                          District of Columbia Circuit

----------------------------------------------------------------------------------------------------------------
(Clerk: Mark J. Langer;                      Circuit Justice
Circuit Executive: Jill C. Sayenga;          Chief Justice William H. Rehnquist
Washington, DC)
                                             Circuit Judges
                                             Harry T. Edwards, Chief Judge                Washington, DC
                                             Patricia M. Wald                             Washington, DC
                                             Laurence H. Silberman                        Washington, DC
                                             Stephen F. Williams                          Washington, DC
                                             Douglas H. Ginsburg                          Washington, DC
                                             David Bryan Sentelle                         Washington, DC
                                             Karen LeCraft Henderson                      Washington, DC
                                             A. Raymond Randolph                          Washington, DC
                                             Judith W. Rogers                             Washington, DC
                                             David S. Tatel                               Washington, DC
                                             Merrick B. Garland                           Washington, DC
                                             (Vacancy)
----------------------------------------------------------------------------------------------------------------
                             First Circuit
----------------------------------------------------------------------------------------------------------------
Districts of Maine, New                      Circuit Justice
Hampshire, Massachusetts,                    Justice David H. Souter
Rhode Island, and Puerto Rico
(Clerk: Phoebe Morse;                        Circuit Judges
Circuit Executive:                           Juan R. Torruella, Chief Judge               Hato Rey, PR
Vincent F. Flanagan;                         Bruce M. Selya                               Providence, RI
Boston, MA)                                  Michael Boudin                               Boston, MA
                                             Norman H. Stahl                              Concord, NH
                                             Sandra L. Lynch                              Boston, MA
                                             Kermit V. Lipez                              Portland, ME
----------------------------------------------------------------------------------------------------------------
                                Second Circuit
----------------------------------------------------------------------------------------------------------------
Districts of Vermont,                        Circuit Justice
Connecticut, northern New                    Justice Ruth Bader Ginsburg
York, southern New York,
eastern New York, and                        Circuit Judges
western New York                             Ralph K. Winter, Jr., Chief Judge            New Haven, CT
(Clerk: Carolyn Clark Campbell;              Amalya Lyle Kearse                           New York, NY
Circuit Executive: Karen Milton,             John M. Walker, Jr.                          New Haven, CT
Acting ;New York, NY)                        Dennis G. Jacobs                             New York, NY
                                             Pierre N. Leval                              New York, NY
                                             Guido Calabresi                              New Haven, CT
                                             Jose A. Cabranes                             New Haven, CT
                                             Fred I. Parker                               Burlington, VT
                                             Rosemary S. Pooler                           Syracuse, NY
                                             Robert D. Sack                               New York, NY
                                             Sonia Sotomayor                              New York, NY
                                             Chester J. Straub                            New York, NY
                                             (Vacancy)
----------------------------------------------------------------------------------------------------------------
                                Third Circuit
----------------------------------------------------------------------------------------------------------------
Districts of New Jersey,                     Circuit Justice
eastern Pennsylvania,                        Justice David H. Souter
middle Pennsylvania,
western Pennsylvania,                        Circuit Judges
Delaware, and the Virgin                     Edward R. Becker, Chief Judge                Philadelphia, PA
Islands                                      Dolores Korman Sloviter                      Philadelphia, PA
(Clerk: P. Douglas Sisk;                     Walter K. Stapleton                          Wilmington, DE
Circuit Executive:                           Carol Los Mansmann                           Pittsburgh, PA
Toby D. Slawsky;                             Morton I. Greenberg                          Trenton, NJ
Philadelphia, PA)                            Anthony J. Scirica                           Philadelphia, PA
                                             Richard Lowell Nygaard                       Erie, PA
                                             Samuel A. Alito, Jr.                         Newark, NJ
                                             Jane R. Roth                                 Wilmington, DE
                                             Timothy K. Lewis                             Pittsburgh, PA
                                             Theodore A. McKee                            Philadelphia, PA
                                             Marjorie O. Rendell                      Philadelphia, PA
                                             (2 vacancies)
----------------------------------------------------------------------------------------------------------------

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                              Fourth Circuit
----------------------------------------------------------------------------------------------------------------
Districts of Maryland,                       Circuit Justice
northern West Virginia,                      Chief Justice William H. Rehnquist
southern West Virginia,
eastern Virginia, western                    Circuit Judges
Virginia, eastern North                      James Harvie Wilkinson III, Chief Judge      Charlottesville, VA
Carolina, middle North                       Sam J. Ervin III                             Morganton, NC
Carolina, western North                      H. Emory Widener, Jr.                        Abingdon, VA
Carolina, and South                          Francis D. Murnaghan, Jr.                    Baltimore, MD
Carolina                                     William W. Wilkins, Jr.                      Greenville, SC
(Clerk: Patricia S. Connor;                  Paul V. Niemeyer                             Baltimore, MD
Circuit Executive:                           Clyde H. Hamilton                            Columbia, SC
Samuel W. Phillips;                          J. Michael Luttig                            Alexandria, VA
Richmond, VA)                                Karen J. Williams                            Orangeburg, SC
                                             M. Blane Michael                             Charleston, WV
                                             Diana Gribbon Motz                           Baltimore, MD
                                             Robert B. King                               Charleston, WV
                                             William B. Traxler, Jr.                      Greenville, SC
                                             (2 vacancies)
----------------------------------------------------------------------------------------------------------------
                              Fifth Circuit
----------------------------------------------------------------------------------------------------------------
Districts of northern                        Circuit Justice
Mississippi, southern Mississippi,           Justice Antonin Scalia
eastern Louisiana, middle
Louisiana, western Louisiana,                Circuit Judges
northern Texas, southern                     Carolyn Dineen King, Chief Judge             Houston, TX
Texas, eastern Texas, and                    Henry A. Politz                              Shreveport, LA
western Texas                                E. Grady Jolly                               Jackson, MS
(Clerk: Charles R. Fulbruge III;             Patrick E. Higginbotham                      Dallas, TX
Circuit Executive:                           W. Eugene Davis                              Lafayette, LA
Gregory A. Nussel;                           Edith H. Jones                               Houston, TX
New Orleans, LA)                             Jerry Edwin Smith                            Houston, TX
                                             John M. Duhe, Jr.                            Lafayette, LA
                                             Rhesa H. Barksdale                           Jackson, MS
                                             Jacques L. Wiener, Jr.                       New Orleans, LA
                                             Emilio M. Garza                              San Antonio, TX
                                             Harold R. Demoss, Jr.                        Houston, TX
                                             Fortunado P. Benavides                       Austin, TX
                                             Carl E. Stewart                              Shreveport, LA
                                             Robert M. Parker                             Tyler, TX
                                             James L. Dennis                              New Orleans, LA
                                             (Vacancy)
----------------------------------------------------------------------------------------------------------------
                               Sixth Circuit
----------------------------------------------------------------------------------------------------------------
Districts of northern Ohio,                  Circuit Justice
southern Ohio, eastern                       Justice John Paul Stevens
Michigan, western
Michigan, eastern Kentucky,                  Circuit Judges
western Kentucky, eastern                    Boyce F. Martin, Jr., Chief Judge            Louisville, KY
Tennessee, middle Tennessee,                 Gilbert S. Merritt                           Nashville, TN
and western Tennessee                        David A. Nelson                              Cincinnati, OH
(Clerk: Leonard Green;                       James L. Ryan                                Detroit, MI
Circuit Executive:                           Danny J. Boggs                               Louisville, KY
James A. Higgins;                            Alan E. Norris                               Columbus, OH
Cincinnati, OH)                              Richard F. Suhrheinrich                      Lansing, MI
                                             Eugene E. Siler, Jr.                         London, KY
                                             Alice M. Batchelder                          Medina, OH
                                             Martha Craig Daughtrey                       Nashville, TN
                                             Karen Nelson Moore                           Cleveland, OH
                                             Ransey Guy Cole, Jr.                         Columbus, OH
                                             Eric L. Clay                                 Detroit, MI
                                             Ronald Lee Gilman                            Memphis, TN
                                             (2 vacancies)
----------------------------------------------------------------------------------------------------------------
                              Seventh Circuit
----------------------------------------------------------------------------------------------------------------
Districts of northern Indiana,               Circuit Justice
southern Indiana, northern                   Justice John Paul Stevens
Illinois, central Illinois,
southern Illinois, eastern                   Circuit Judges

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Wisconsin, and western                       Richard A. Posner, Chief Judge               Chicago, IL
Wisconsin                                    Walter J. Cummings                           Chicago, IL
(Clerk: Gino J. Agnello;                     John L. Coffey                               Milwaukee, WI
Circuit Executive:                           Joel M. Flaum                                Chicago, IL
Collins T. Fitzpatrick;                      Frank H. Easterbrook                         Chicago, IL
Chicago, IL)                                 Kenneth F. Ripple                            South Bend, IN
                                             Daniel A. Manion                             South Bend, IN
                                             Michael S. Kanne                             Lafayette, IN
                                             Ilana Diamond Rovner                         Chicago, IL
                                             Diane P. Wood                                Chicago, IL
                                             Terence T. Evans                             Milwaukee, WI
----------------------------------------------------------------------------------------------------------------
                            Eighth Circuit
----------------------------------------------------------------------------------------------------------------
Districts of Minnesota,                      Circuit Justice
northern Iowa, southern                      Justice Clarence Thomas
Iowa, eastern Missouri,
western Missouri, eastern                    Circuit Judges
Arkansas, western Arkansas,                  Pasco M. Bowman II, Chief Judge              Kansas City, MO
Nebraska, North Dakota,                      Richard S. Arnold                            Little Rock, AR
and South Dakota                             Theodore McMillian                           St. Louis, MO
(Clerk: Michael Ellis Gans;                  George G. Fagg                               Des Moines, IA
Circuit Executive:                           Roger L. Wollman                             Sioux Falls, SD
Millie B. Adams;                             Clarence Arlen Beam                          Lincoln, NE
St. Louis, MO)                               James B. Loken                               Minneapolis, MN
                                             David R. Hansen                              Cedar Rapids, IA
                                             Morris S. Arnold                             Little Rock, AR
                                             Diana E. Murphy                              Minneapolis, MN
                                             (Vacancy)
----------------------------------------------------------------------------------------------------------------
                              Ninth Circuit
----------------------------------------------------------------------------------------------------------------
Districts of northern                        Circuit Justice
California, eastern                          Justice Sandra Day O'Connor
California, central California,
southern California, Oregon,                 Circuit Judges
Nevada, Montana, eastern                     Procter Hug, Jr., Chief Judge                Reno, NV
Washington, western                          James R. Browning                            San Francisco, CA
Washington, Idaho, Arizona,                  Mary M. Schroeder                            Phoenix, AZ
Alaska, Hawaii, Territory                    Harry Pregerson                              Woodland Hills, CA
of Guam, and District                        Stephan Reinhardt                            Los Angeles, CA
Court for the Northern                       Melvin Brunetti                              Reno, NV
Mariana Islands                              Alex Kozinski                                Pasadena, CA
(Clerk: Cathy A. Catterson;                  Diarmuid F. O'Scannlain                      Portland, OR
Circuit Executive:                           Stephen S. Trott                             Boise, ID
Gregory B. Walters;                          Ferdinand F. Fernandez                       Pasadena, CA
San Francisco, CA)                           Pamela A. Rymer                              Pasadena, CA
                                             Thomas G. Nelson                             Boise, ID
                                             Andrew J. Kleinfeld                          Fairbanks, AK
                                             Michael D. Hawkins                           Phoenix, AZ
                                             A. Wallace Tashima                           Pasadena, CA
                                             Sidney R. Thomas                             Billings, MT
                                             Barry G. Silverman                           Phoenix, AZ
                                             William A. Fletcher                          San Francisco, CA
                                             Susan P. Graber                              Portland, OR
                                             M. Margaret McKeown                          Seattle, WA
                                             Kim M. Wardlaw                               Pasadena, CA
                                             (7 vacancies)
----------------------------------------------------------------------------------------------------------------
                              Tenth Circuit
----------------------------------------------------------------------------------------------------------------
Districts of Colorado,                       Circuit Justice
Wyoming, Utah, Kansas,                       Justice Stephen G. Breyer
eastern Oklahoma, western
Oklahoma, northern                           Circuit Judges
Oklahoma, and New                            Stephanie K. Seymour, Chief Judge            Tulsa, OK
Mexico                                       John C. Porfilio                             Denver, CO
(Clerk: Patrick J. Fisher;                   Stephen H. Anderson                          Salt Lake City, UT
Circuit Executive:                           Deanell Reece Tacha                          Lawrence, KS
Robert L. Hoecker;                           Bobby R. Baldock                             Roswell, NM
Denver, CO)                                  Wade Brorby                                  Cheyenne, WY
                                             David M. Ebel                                Denver, CO
                                             Paul J. Kelly, Jr.                           Santa Fe, NM

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                                             Robert H. Henry                              Oklahoma City, OK
                                             Mary Beck Briscoe                            Topeka, KS
                                             Carlos F. Lucero                             Denver, CO
                                             Michael R. Murphy                            Salt Lake City, UT
----------------------------------------------------------------------------------------------------------------
                            Eleventh Circuit
----------------------------------------------------------------------------------------------------------------
Districts of northern                        Circuit Justice
Georgia, middle Georgia,                     Justice Anthony M. Kennedy
southern Georgia, northern
Florida, middle Florida,                     Circuit Judges
southern Florida, northern                   R. Lanier Anderson III, Chief Judge          Macon, GA
Alabama, middle Alabama,                     Gerald B. Tjoflat                            Jacksonville, FL
southern Alabama                             J.L. Edmondson                               Atlanta, GA
(Clerk: Thomas Kahn;                         Emmett Ripley Cox                            Mobile, AL
Circuit Executive:                           Stanley F. Birch, Jr.                        Atlanta, GA
Norman E. Zoller;                            Joel F. Dubina                               Montgomery, AL
Atlanta, GA)                                 Susan H. Black                               Jacksonville, FL
                                             Edward E. Carnes                             Montgomery, AL
                                             Rosemary Barkett                             Miami, FL
                                             Frank Mays Hull                              Atlanta, GA
                                             Stanley Marcus                               Miami, FL
                                             (Vacancy)
----------------------------------------------------------------------------------------------------------------


                     Federal Circuit--Washington, DC
Circuit Justice
  Chief Justice William H. Rehnquist

Chief Judge
  Haldane Robert Mayer

Judges

  Giles S. Rich
  Pauline Newman
  Paul R. Michel
  S. Jay Plager
  Alan D. Lourie
  Raymond C. Clevenger III
  Randall R. Rader
  Alvin A. Schall
  William C. Bryson
  Arthur J. Gajarsa
  (Vacancy)

    Clerk: Jan Horbaly
    Administrative Services Officer: Ruth A. Butler

United States District Courts  The district courts are the trial courts 
of general Federal jurisdiction. Each State has at least one district 
court, while the larger States have as many as four. Altogether there 
are 89 district courts in the 50 States, plus the one in the District of 
Columbia. In addition, the Commonwealth of Puerto Rico has a district 
court with jurisdiction corresponding to that of district courts in the 
various States.
    At present, each district court has from 2 to 28 Federal district 
judgeships, depending upon the amount of judicial work within its 
territory. Only one judge is usually required to hear and decide a case 
in a district court, but in some limited cases it is required that three 
judges be called together to comprise the court (28 U.S.C. 2284). The 
judge senior in commission who is under 70 years of age (65 at inception 
of term), has been in office for at least 1 year, and has not previously 
been chief judge, serves as chief judge for a 7-year term. There are 
altogether 610 permanent district judgeships in the 50 States and 15 in 
the District of Columbia. There are 7 district judgeships in Puerto 
Rico. District judges hold their offices during good behavior as 
provided by Article III, section 1, of the Constitution. However, 
Congress may create temporary judgeships for a court with the provision 
that when a vacancy occurs in that district, such vacancy shall not be 
filled. Each district court has one or more United States magistrate 
judges and bankruptcy judges, a clerk, a United States attorney, a 
United States marshal, probation officers, court reporters, and their 
staffs. The jurisdiction of the district courts is set forth in title 
28, chapter 85, of the United States Code and at 18 U.S.C. 3231.
    Cases from the district courts are reviewable on appeal by the 
applicable court of appeals.
Territorial Courts  Pursuant to its authority to govern the Territories 
(art. IV, sec. 3, clause 2, of the Constitution), Congress has 
established district courts in the territories of Guam and the Virgin 
Islands. The District Court of the Canal

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Zone was abolished on April 1, 1982, pursuant to the Panama Canal Act of 
1979 (22 U.S.C. 3601 note). Congress has also established a district 
court in the Northern Mariana Islands, which presently is administered 
by the United States under a trusteeship agreement with the United 
Nations. These Territorial courts have jurisdiction not only over the 
subjects described in the judicial article of the Constitution but also 
over many local matters that, within the States, are decided in State 
courts. The district court of Puerto Rico, by contrast, is established 
under Article III, is classified like other ``district courts,'' and is 
called a ``court of the United States'' (28 U.S.C. 451). There is one 
judge each in Guam and the Northern Mariana Islands, and two in the 
Virgin Islands. The judges in these courts are appointed for terms of 10 
years.

For further information concerning the lower courts, contact the 
Administrative Office of the United States Courts, Thurgood Marshall 
Federal Judiciary Building, One Columbus Circle NE., Washington, DC 
20544. Phone, 202-273-0107.

United States Court of International Trade  This court was originally 
established as the Board of United States General Appraisers by act of 
June 10, 1890, which conferred upon it jurisdiction theretofore held by 
the district and circuit courts in actions arising under the tariff acts 
(19 U.S.C. ch. 4). The act of May 28, 1926 (19 U.S.C. 405a), created the 
United States Customs Court to supersede the Board; by acts of August 7, 
1939, and June 25, 1948 (28 U.S.C. 1582, 1583), the court was integrated 
into the United States court structure, organization, and procedure. The 
act of July 14, 1956 (28 U.S.C. 251), established the court as a court 
of record of the United States under Article III of the Constitution.
    The Customs Court Act of 1980 (28 U.S.C. 251) constituted the court 
as the United States Court of International Trade and revised provisions 
relating to its jurisdiction. The Court of International Trade has all 
the powers in law and equity of a district court.
    The Court of International Trade has jurisdiction over any civil 
action against the United States arising from Federal laws governing 
import transactions. This includes classification and valuation cases, 
as well as authority to review certain agency determinations under the 
Trade Agreements Act of 1979 (19 U.S.C. 2501) involving antidumping and 
countervailing duty matters. In addition, it has exclusive jurisdiction 
of civil actions to review determinations as to the eligibility of 
workers, firms, and communities for adjustment assistance under the 
Trade Act of 1974 (19 U.S.C. 2101). Civil actions commenced by the 
United States to recover customs duties, to recover on a customs bond, 
or for certain civil penalties alleging fraud or negligence are also 
within the exclusive jurisdiction of the court.
    The court is composed of a chief judge and eight judges, not more 
than five of whom may belong to any one political party. Any of its 
judges may be temporarily designated and assigned by the Chief Justice 
of the United States to sit as a court of appeals or district court 
judge in any circuit or district. The court has a clerk and deputy 
clerks, a librarian, court reporters, and other supporting personnel. 
Cases before the court may be tried before a jury. Under the Federal 
Courts Improvement Act of 1982 (28 U.S.C. 1295), appeals are taken to 
the U.S. Court of Appeals for the Federal Circuit, and ultimately review 
may be sought in appropriate cases in the Supreme Court of the United 
States.
    The principal offices are located in New York, NY, but the court is 
empowered to hear and determine cases arising at any port or place 
within the jurisdiction of the United States.

For further information, contact the Clerk, United States Court of 
International Trade, One Federal Plaza, New York, NY 10007. Phone, 212-
264-2814.

Judicial Panel on Multidistrict Litigation  The Panel, created by act of 
April 29, 1968 (28 U.S.C. 1407), and consisting of seven Federal judges 
designated by the Chief Justice from the courts of appeals and district 
courts, is authorized to temporarily transfer to a single district, for 
coordinated or consolidated pretrial

[[Page 75]]

proceedings, civil actions pending in different districts that involve 
one or more common questions of fact.

For further information, contact the Clerk, Judicial Panel on 
Multidistrict Litigation, Room G-255, Thurgood Marshall Federal 
Judiciary Building, One Columbus Circle NE., Washington, DC 20002. 
Phone, 202-502-2800.