31.   But a federal appeals panel overturned the decision last July, saying that by U.S. law, Germany is immune from such suits.

32.   But a three-judge federal appeals panel in Cincinnati that included two women threw out the verdict.

33.   But an appeals court panel on Friday stayed the injunction pending trial.

34.   But a divided St. Louis-based federal appeals court panel overturned that decision in January, saying the trial should proceed.

35.   But on Friday, an appeals court panel said Napster can continue to operate while it contests the court order.

36.   But the appeals panel ruled that the FDA needed explicit authority from Congress to regulate tobacco products.

37.   But the appeals panel was unimpressed.

38.   But Rosenblatt said that the appeals panel is normally the court of last resort under Florida law, and accused the tobacco companies of using delaying tactics.

39.   But the brief added that Ito had created a special situation by essentially exceeding his authority, and the appeals panel evidently agreed.

40.   Crystallex attorneys said the appeal will be heard by a five-justice appeal panel.