MILBERT v. BISON LABORATORIES


260 F.2d 431 (1958)

Herbert MILBERT v. BISON LABORATORIES, Inc., and The Baltimore and Ohio Railroad Company.

United States Court of Appeals Third Circuit.

Decided October 28, 1958.


Attorney(s) appearing for the Case

Suto, Power, Goldstein & Walsh, Marvin D. Power, Pittsburgh, Pa., for plaintiff.

Meyer, Darragh, Buckler & McDonnell, Kim Darragh, Pittsburgh, Pa., for defendant Bison.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.


MARIS, Circuit Judge.

Bison Laboratories, Inc., one of the defendants in a civil action pending in the United States District Court for the Western District of Pennsylvania, has made application to this court for permission to appeal from the order of that court entered September 24, 1958, refusing its motion to quash the service of summons and dismiss the action. The application is stated to be made under section 1292(b) of title 28 United States Code, as added by...

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