Standard v. STOLL PACKING CORPORATION, 14293.

Decision Date12 April 1963
Docket NumberNo. 14293.,14293.
Citation315 F.2d 626
PartiesPaula STANDARD and Saundra Standard, minors, by their guardian, Allen W. Standard, and Allen W. Standard and Alvis B. Standard, parents of said minors, in their own right, and Alvis B. Standard, in her own right, and Allen W. Standard, her husband, and Allen W. Standard, in his own right, Appellants, v. STOLL PACKING CORPORATION and Polar Truck Rental Corporation v. Allen W. STANDARD.
CourtU.S. Court of Appeals — Third Circuit

Before STALEY and SMITH, Circuit Judges, and SHAW, District Judge.

ORDER.

Upon consideration of the motion by appellees to dismiss the appeal in the above entitled case, of the memoranda in support of and in opposition to the motion, and after hearing, and it appearing that Sec. 1292 of Title 28 U.S.C. does not provide statutory authority for the review of an interlocutory order of the nature sought to be reviewed in this case.

It is ORDERED that the appeal be and it hereby is dismissed for want of jurisdiction;

It is FURTHER ORDERED that treating the appeal as a petition for writ of mandamus and prohibition the writ be and it hereby is denied.

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11 cases
  • Katz v. Carte Blanche Corporation
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 15 Marzo 1974
    ...of a rule 23 determination are not reviewable in a § 1292(b) appeal may be traced to language in cases such as Standard v. Stoll Packing Corp., 315 F.2d 626 (3d Cir. 1963), holding that a grant of or refusal to grant a change of venue authorized by 28 U.S.C. § 1404(a) will not be reviewed u......
  • Mohamed v. Mazda Motor Corp.
    • United States
    • U.S. District Court — Eastern District of Texas
    • 27 Marzo 2000
    ...F.2d 117, 120 (5th Cir.1970) (citing A. Olinick & Sons v. Dempster Bros., Inc., 365 F.2d 439, 443 (2d Cir.1966); Standard v. Stoll Packing Corp., 315 F.2d 626 (3d Cir.1963); Bufalino v. Kennedy, 273 F.2d 71 (6th Cir.1959) and 1 BARRON & HOLZOFF, FEDERAL PRACTICE & PROCEDURE, § 86.7 at 434 (......
  • A. Olinick & Sons v. Dempster Brothers, Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 8 Agosto 1966
    ...Ref. Co., 306 F.2d 567 (5th Cir.1962). The Third and Sixth Circuits just as stoutly hold that it is not available. Standard v. Stoll Packing Corp., 315 F.2d 626 (3d Cir.1963); Bufalino v. Kennedy, 273 F. 2d 71 (6th Cir.1959). We have not addressed ourselves directly to the problem, although......
  • In re Consolidated Parlodel Litigation
    • United States
    • U.S. District Court — District of New Jersey
    • 27 Julio 1998
    ...v. Spudnuts, Inc., 735 F.2d 763, 765 (3d Cir.1984). But see Katz, 496 F.2d at 753 (finding that "cases such as Standard v. Stoll Packing Corp., 315 F.2d 626 (3d Cir.1963), [held] that a grant of or refusal to grant a change of venue authorized by 28 U.S.C. § 1404(a) will not be reviewed und......
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