Legal Opinion

Carolina Throwing Company, Inc. v. S & E Novelty Corporation and Rome Knitting Mills

Court of Appeals for the Fourth Circuit

Decided May 10, 1971No. 15316PublishedCited by 47 opinions

1Per curiam

Review is sought of an order of the District Court staying the proceedings in this action pending arbitration.

Neither party has questioned the Court’s jurisdiction to entertain the present appeal. There is a substantial doubt, however, that such an order constitutes an interlocutory injunction within the terms of 28 U.S.C. § 1292. That very issue is presently being prepared for argument before this Court in another case. Pending the hearing and decision in that case, it would be inappropriate to undertake to decide the une-lucidated question in this case. The decision here need not await…

2Cases cited1 opinion

  1. Matter of HuxleyNew York Court of Appeals · 1945

3Cited by47 opinions

  1. Morgan v. Sundance, Inc.Supreme Court of the United States · 2022
  2. In Re Mercury Construction Corporation, Mercury Construction Corporation v. The Moses H. Cone Memorial HospitalCourt of Appeals for the Fourth Circuit · 1981
  3. Maxum Foundations, Inc. v. Salus Corp.Court of Appeals for the Fourth Circuit · 1985
  4. E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
  5. Cyclone Roofing Co. v. David M. LaFave Co.Supreme Court of North Carolina · 1984

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