UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Filed: May 24, 1989.
AEROJET-GENERAL CORP. PLAINTIFF-APPELLANT
MACHINE TOOL WORKS, OERLIKON-BUEHRLE LTD., DEFENDANT-APPELLEE
Before Markey, Chief Judge, Friedman, Rich, Smith, Nies, Newman, Bissell, Archer, Mayer and Michel, Circuit Judges.
The court having determined in banc that this appeal raises a question of exceptional importance, it is herewith ORDERED:
1. The parties will file briefs on this question:
In light of Christianson v. Colt, 108 S. Ct. 2166 (1988), does this court have jurisdiction to hear an appeal in a case in which the district court's jurisdiction over the complaint was not based on § 1338(a) but there is a counterclaim over which the district court would have § 1338(a) jurisdiction if the counterclaim had been a complaint?
2. This briefing schedule is established:
Appellant's brief due: July 24, 1989
Appellee's brief due: September 4, 1989
Appellant's reply brief due: September 18, 1989
3. Oral argument is set for Monday, October 2, 1989.
4. The Clerk will contact and invite briefs Amicus Curiae from interested organizations.
FOR THE COURT
Howard T. Markey, Chief Judge
May 23, 1989
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