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Generally, 'only parties to a lawsuit, or those that properly become parties, may appeal an adverse judgment.' Marino v. Ortiz, 484 U.S. 301, 304, 108 S.Ct. 586, 587, 98 L.Ed.2d 629 (1988) (per curiam); Fed.R.App.P. 3(c) ('The notice of appeal shall specify the party or parties taking the appeal'). But it is not settled whether an objecting member of the class or derivative litigation who is not a named party may appeal the court's approval of the compromise. According to two leading treatises, '[a] member of the class who appears in response to the court's notice, given pursuant to the Rule [23.1], and objects to the dismissal or compromise has a right to appeal from an adverse final judgment although he did not become a formal party of record.' 3B James W. Moore, Moore's Federal Practice, p 23.1.24 (objector's right to appeal derivative suit settlement); p 23.80 (objector's right to appeal class action settlement) (1993); 7C Charles A. Wright, et al., Federal Practice & Procedure, Sec. 1839, at 182 (1986) ('[a]n objector to the settlement may appeal the court's approval of the compromise'); see also Webcor Elecs. v. Whiting, 101 F.R.D. 461, 465 n. 11 (D.Del.1984) ('The ...
