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Precedent concerning jurisdiction over interlocutory appeals from agency action (or inaction) is somewhat inconsistent. Federal courts are courts of limited jurisdiction, and they lack the power to presume the existence of jurisdiction in order to dispose of a case on any other grounds.' Tuck v. Pan American Health Organization, 668 F.2d 547, 549 (D.C.Cir.1981). In Air Line Pilots Ass'n, International v. CAB (ALPA), 750 F.2d 81, a claim of unreasonable agency delay was filed initially in the District Court, to address in their briefs and arguments 'whether a petition to compel allegedly unreasonably delayed agency action properly lies before the Appeals Court or before a United States District Court, or whether those courts have concurrent jurisdiction, when any final agency decision in the matter would be directly reviewable in this Court.' Order No. 84-1035 (D.C.Cir. June 12, 1984) 


As for the Federal Communications Comission, the statutory commitment of review of FCC action to the Court of Appeals, read in conjunction with the All Writs Act, 28 U.S.C. Sec. 1651(a) (1982), affords an appeals court jurisdiction over claims of unreasonable Commission delay. Exclusive jurisdiction over review of final FCC orders is vested in the Court of ...

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