Herbert Milbert v. Bison Laboratories, Inc., and the Baltimore and Ohio Railroad Company

MARIS, Circuit Judge.

Bison Laboratories, Inc., one of the defendants in a civil action pending in the United States District Court for the Western District of Pennsylvania, has made application to this court for permission to appeal from the order of that court entered September 24, 1958, refusing its motion to quash the service of summons and dismiss the action. The application is stated to be made under section 1292(b) of title 28 United States Code, as added by the Act of September 2, 1958, Public Law 85-919, 72 Stat. 1770, which provides as follows:

“(b) When a district judge, in making in…