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OSKOIAN v. CANUEL

No. 5464 Orig.

264 F.2d 591 (1959)

Gregory OSKOIAN et al., etc., Defendants, Movants, v. Theobald J. CANUEL et al., etc., Plaintiffs.

United States Court of Appeals First Circuit.

March 17, 1959.

Attorney(s) appearing for the Case

Jacob S. Temkin, William J. Sheehan and Isadore Kirshenbaum, Providence, R. I., on the motion.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

Here we have another application for leave to appeal from a plainly interlocutory order of the district court, pursuant to the recent amendment to 28 U.S C. § 1292 (72 Stat. 1770) reading as follows:

"(b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference...

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