United States Rubber Company v. Wright
| Decision Date | 25 May 1966 |
| Docket Number | No. 20236.,20236. |
| Parties | UNITED STATES RUBBER COMPANY, Appellant, v. Francis WRIGHT et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Arthur S. Vosburg, Frank McK. Bosch, of Vosburg, Joss, Hedlund & Bosch, Portland, Or., for appellant.
Walter H. Evans, Jr., Portland, Or., for appellee.
Before MADDEN, Judge of the Court of Claims, and HAMLEY and JERTBERG, Circuit Judges.
By order dated July 26, 1965, this court granted an interlocutory appeal under 28 U.S.C. § 1292(b) from an order of the district court denying appellant's motion for summary judgment and from the district court's subsequent narrative order denying reconsideration of its prior order. In the latter order the district court noted that its ruling "involved a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from said orders may materially advance the ultimate termination of this litigation." After receiving briefs and hearing oral argument we are of the opinion that the order granting the interlocutory appeal was improvidently granted and should be vacated.
The legislative history of subsection (b) of section 1292, which was added to the Judiciary and Judicial Procedure Title in 1958,1 indicates that it was to be used only in extraordinary cases where decision of an interlocutory appeal might avoid protracted and expensive litigation.2 It was not intended merely to provide review of difficult rulings in hard cases. This unexceptional contract litigation presents, at most, nothing more than an uncertain question of law relevant to only one of several causes of action alleged below, and no disposition we might make of this appeal on its merits could materially affect the course of the litigation in the district court.
As this case shows, the propriety of granting an appeal under § 1292(b) will not always be apparent on the face of the findings of the district court. This is particularly true where, as in this case, the order from which appeal is sought has broadly dismissed challenges to the legal sufficiency of each of plaintiff's several alleged causes of action without indicating which of such challenges the court feels involves a controlling question of law.
Whenever it appears that an order granting interlocutory appeal was improvidently granted, it is the duty of the court to vacate it. Molybdenum Corporation of America v....
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Vaughn v. Regents of University of California
...(S.D.N.Y.1975), citing, inter alia, Gottesman v. General Motors Corp., 268 F.2d 194 (2d Cir. 1959); see also United States Rubber Co. v. Wright, 359 F.2d 784, 785 (9th Cir. 1966). In order to certify the immediate appeal of an order, this court must (1) the order involves a controlling ques......
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Ray v. Union Pac. R.R. Co.
...It was not intended merely to provide review of difficult rulings in hard cases.’ ” 525 F.3d at 646 (quoting United States Rubber Co. v. Wright, 359 F.2d 784, 785 (9th Cir.1966)). 2. Defendant points out that this Court “has in the past certified a question for interlocutory review when the......
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Mpiliris v. Hellenic Lines, Limited
...The section 1292(b) appeal is proper when the appellate decision may avoid protracted and expensive litigation. United States Rubber Co. v. Wright, 359 F.2d 784 (9th Cir. 1966); Medomsley Steam Shipping Co. v. Elizabeth River Terminals, Inc., 317 F.2d 741 (4th Cir. 1963); Milbert v. Bison L......
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Hansen v. Schubert
...materially affect the outcome of litigation in the district court." In re Cement Antitrust Litig., 673 F.2d at 1026 (citing U.S. Rubber Co. v. Wright, 359 F.2d at 785). Second, there must be substantial ground for difference of opinion on that issue. A party's strong disagreement with the c......