Hyde Construction Co. v. Koehring Co.

BELL, Circuit Judge:

This is an interlocutory appeal and cross-appeal allowed under 28 U.S.C.A. § 1292(b) to settle a discovery problem which lies at the heart of a pending controversy. It is indeed that rare case where the issue presented in the context of discovery and a foreordained trial of *339unusual length, involves a controlling question of law and where an immediate appeal may materially advance the ultimate termination of the litigation.1

Two suits are involved, both removed from a Mississippi state court. The defendant in each is Koehring Company. The plaintiff in one suit is Hyde…