Federal Procedure - Interlocutory Appeals - Appealability of Stay of Proceedings Under Section 1292 of the Judicial Code

Authors

Lawrence W. Sperling S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff brought an action for an accounting of the profits of a joint adventure. The defendant moved to stay proceedings pending arbitration pursuant to section 3 of the United States Arbitration Act. This motion was denied and defendant appealed the ruling, claiming as justification for the appeal that an interlocutory order denying a stay was a denial of an injunction under section 1292 of the Judicial Code. The court of appeals dismissed the appeal. On certiorari to the Supreme Court, held, affirmed, two justices dissenting. A stay of proceedings in a suit where plaintiff's action is equitable in nature is not an injunction but only a decision as to how to try the one suit pending before the court. Baltimore Contractors, Inc. v. Bodinger, 348 U.S. 176, 75 S.Ct. 249 (1955).

Recommended Citation

Lawrence W. Sperling S.Ed., Federal Procedure - Interlocutory Appeals - Appealability of Stay of Proceedings Under Section 1292 of the Judicial Code, 54 Mich. L. Rev. 136 (1955).
Available at: https://repository.law.umich.edu/mlr/vol54/iss1/12