Thurgood Marshall

“ We find it unnecessary to resolve this question whether the bench ruling was final. For we believe the Court of Appeals erred in its threshold determination that a notice of appeal filed from a bench ruling can only be effective if the bench ruling is itself a final decision. Rather, we conclude that Rule 4 (a) (2) permits a notice of appeal filed from certain nonfinal decisions to serve as an effective notice from a subsequently entered final judgment. ”

“ We offer no view on the meaning of the term "order" in Rule 4 (a) (2) or on the operation of the Rule when the jurisdiction of the court of appeals is founded on a statute other than § 1291.↑ See In re Grand Jury Impaneled Jan. 21, 1975, 541 F.2d 373 (CA3 1976) ”