Chief Judge Sweeney will permit the Fisher and Reid Plaintiffs to initiate a separate interlocutory appeal in the Federal Circuit asking the appellate tribunal for answers the two questions it and Fairholme advance about derivative claims. Chief Judge Sweeney rejected the government’s urging to limit the Fisher and Reid Plaintiffs’ participation in proceedings before the Federal Circuit. A copy of Chief Judge Sweeney’s order is attached to this e-mail message.
