David J. Langley, D/B/A Dave's Auto Service Center v. Colonial Leasing Company of New England, Etc., Major Muffler Center, Inc., Etc.

COFFIN, Chief Judge.

Nearly a half century after the merger of law and equity in the federal courts, we are called upon in this appeal to decide whether a complaint is “legal” or “equitable”. The cause of our labors is the so-called Enelow-Ettelson rule, a much-criticized exception to the general bar on interlocutory appeals, under which the denial (or grant) of an equitable defense — here, arbitration 1 — is immediately appealable if the underlying suit is “legal” but not if it is “equitable”. 2 Since we conclude that appellee’s suit is equitable for Enelow-Ettelson purposes, we dismiss the…