Delta Traffic Service, Inc., Oneida Motor Freight, Inc. v. Occidental Chemical Corporation
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
HUTCHINSON, Circuit Judge.
Once again, we are asked to determine, as a threshold matter, whether an interlocutory order issued by a district court is eligible for immediate review by this court. The specific question presented in this case is whether the district court’s order denying a motion to stay or to refer issues to the Interstate Commerce Commission is immediately appealable under either 28 U.S.C. A. § 1291 (West Supp.1988) or 28 U.S.C.A. § 1292(a)(1) (West Supp.1988). We hold it is not.
I
Plaintiff-appellee Oneida Motor Freight, Inc. (Oneida) is a motor common…
2Cases cited12 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
- Carson v. American Brands, Inc.Supreme Court of the United States · 1981
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