Legal Opinion

Martorano v. Hughes

District Court, E.D. New York

Decided May 16, 1963No. 62-C-1063PublishedCited by 1 opinion

1Opinion of the Court

ROSLING, District Judge.

Motion by defendant, the Deputy Commissioner, Second Compensation District (Commissioner), for summary judgment pursuant to Rule * 56 is denied. Such determination is bottomed solely on the premise that Crowell v. Benson,1 the continuing authority of which is subject to serious question, is controlling. The court is accordingly, for the reasons hereinafter noted, of the opinion that an immediate appeal from the order of denial to be entered herein (not otherwise appealable) may materially advance the ultimate termination of the litigation and hereby makes…

2Cases cited33 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Crowell v. BensonSupreme Court of the United States · 1932
  4. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  5. Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942

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3Cited by1 opinion

  1. Martorano v. HughesDistrict Court, E.D. New York · 1966

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