CRIST v. MILLER

No. 88-1220.

846 F.2d 1143 (1988)

Brian M. CRIST, et al., Plaintiffs-Appellees, v. Donald J. MILLER and Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 1988.


Attorney(s) appearing for the Case

James G. Howard, Kluwin, Dunphy, Hinshaw & Culbertson, Milwaukee, Wis., for defendants-appellants.

Christopher T. Kolb, Halling & Cayo, S.C., Milwaukee, Wis., for plaintiffs-appellees.

Before POSNER, COFFEY and FLAUM, Circuit Judges.


POSNER, Circuit Judge.

On March 22, the Supreme Court overruled the Enelow-Ettelson doctrine, which had allowed the immediate appeal under 28 U.S.C. § 1292(a)(1) of orders granting or denying an equitable stay in a suit at law. Gulfstream Aerospace Corp. v. Mayacamas Corp., ___ U.S. ___, 108 S.Ct. 1133, 99 L.Ed.2d 296 (1988). We asked the appellants in the present case why the appeal should not be dismissed on the authority of Gulfstream.

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