Legal Opinion

Delta Traffic Service, Inc., Oneida Motor Freight, Inc. v. Occidental Chemical Corporation

Court of Appeals for the Third Circuit

Decided May 17, 1988No. 87-1534PublishedCited by 21 opinions

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

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  4. Gulfstream Aerospace Corp. v. Mayacamas Corp.Supreme Court of the United States · 1988
  5. Carson v. American Brands, Inc.Supreme Court of the United States · 1981

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Hercules & Co. v. Shama Restaurant Corp.District of Columbia Court of Appeals · 1989
  2. Lusardi v. LechnerCourt of Appeals for the Third Circuit · 1988
  3. Atlantis Express, Inc. v. Standard Transportation Services, Inc.Court of Appeals for the Eighth Circuit · 1992
  4. Harsch v. MillerSupreme Court of Kansas · 2009
  5. Crystal Clear Communications, Inc. v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 2005

16 more not listed; retrieve them via the Exa API.

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