Molybdenum Corporation of America v. J. Bryant Kasey, Maryann Kasey and Julius A. Paskan

The granting of an interlocutory appeal under 28 U.S.C. § 1292(b) is a matter of discretion in the Court of Appeals.

Here the district court entered an order denying a motion to dismiss and noted that it “was of the opinion that the order involves a controlling question of law as to which there is substantial ground for difference of opinion and an immediate appeal under 28 U.S.C. § 1292 (b) may materially advance the ultimate termination of this litigation.” On November 30, 1959, a division of this court •entered an order granting interlocutory appeal.

After briefing and oral argument, the…