Legal Opinion
Cheyney State College Faculty v. Hufstedler
Court of Appeals for the Third Circuit
Decided March 30, 1983No. 82-1282PublishedCited by 66 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The record in this case leads us to conclude that a stay order issued by the district court did not effectively terminate the litigation and hence is not appealable. Treating the matter as a petition for mandamus, we hold that the district court did not clearly abuse its discretion in delaying the suit pending the potential resolution of some important issues in ongoing administrative proceedings. Although the court relied on the doctrines of primary jurisdiction and exhaustion of administrative remedies, which we find inapplicable here, the stay was…
2Cases cited20 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Landis v. North American Co.Supreme Court of the United States · 1936
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
15 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Roebuck, Dr. James R. v. Drexel UniversityCourt of Appeals for the Third Circuit · 1988
- United States v. Nicolet, Inc. And Turner and Newall, Plc v. Turner & Newall Plc. Appeal of Nicolet, Inc. Appeal of Turner & Newall PlcCourt of Appeals for the Third Circuit · 1988
- Gold v. Johns-Manville Sales Corp.Court of Appeals for the Third Circuit · 1983
- Capua v. City of PlainfieldDistrict Court, D. New Jersey · 1986
- Doe v. GarrettCourt of Appeals for the Eleventh Circuit · 1990
61 more not listed; retrieve them via the Exa API.