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ABERNATHY v. SOUTHERN CALIFORNIA EDISON

No. 88-15105.

885 F.2d 525 (1989)

Richard ABERNATHY, et al., Plaintiffs-Appellees, v. SOUTHERN CALIFORNIA EDISON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 5, 1989.

Attorney(s) appearing for the Case

Cam Ferenbach and Kirby J. Smith, Las Vegas, Nev., for defendant-appellant.

Eva Garcia, Las Vegas, Nev., for plaintiffs-appellees.

Anthony R. Segall of Reich, Adell & Crost, Los Angeles, Cal., for counterdefendant-appellee.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

REINHARDT, Circuit Judge:

For over fifty years, the lower federal courts have been required to apply the interlocutory appeal doctrine known as the Enelow-Ettelson rule to orders denying or granting stays pending arbitration and orders compelling arbitration. Although the courts of every circuit have displayed open hostility to the rule,1 we have faithfully, if unhappily, applied the dictates...

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