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MOLYBDENUM CORPORATION OF AMERICA v. KASEY

No. 16691.

279 F.2d 216 (1960)

MOLYBDENUM CORPORATION OF AMERICA, Appellant, v. J. Bryant KASEY, Maryann Kasey and Julius A. Paskan, Appellees.

United States Court of Appeals Ninth Circuit.

June 9, 1960.

Attorney(s) appearing for the Case

Schultheis & Laybourne, Everett B. Laybourne, Robert W. MacMahon, Los Angeles, Cal., for appellant.

Scudder & Forde, Pacific Palisades, Cal., Guy Richards Crump, Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.

PER CURIAM.

The granting of an interlocutory appeal under 28 U.S.C. § 1292(b) is a matter of discretion in the Court of Appeals.

Here the district court entered an order denying a motion to dismiss and noted that it "was of the opinion that the order involves a controlling question of law as to which there is substantial ground for difference of opinion and an immediate appeal under 28 U.S.C. § 1292 (b) may materially advance the ultimate termination...

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