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DELTA TRAFFIC SERVICE v. OCCIDENTAL CHEMICAL CORP.

No. 87-1534.

846 F.2d 911 (1988)

DELTA TRAFFIC SERVICE, INC., Oneida Motor Freight, Inc., Appellees, v. OCCIDENTAL CHEMICAL CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 17, 1988.

Attorney(s) appearing for the Case

Edward J. Kiley (argued), Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., Allen Knouft, Associate Counsel, Occidental Chemical Corp., Pottstown, Pa., for appellant.

Robert B. Walker (argued), Joseph L. Steinfeld, Jr., Sims, Walker & Steinfeld, P.C., Washington, D.C., Dwight L. Koerber, Jr., Kriner, Koerber & Kirk, Clearfield, Pa., for appellees.

Before BECKER, HUTCHINSON and SCIRICA, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Once again, we are asked to determine, as a threshold matter, whether an interlocutory order issued by a district court is eligible for immediate review by this court. The specific question presented in this case is whether the district court's order denying a motion to stay or to refer issues to the Interstate Commerce Commission is immediately appealable under either 28 U.S.C.A. § 1291 (West Supp.1988...

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