U.S. Court of Appeals for the Sixth Circuit, 1959

Gulf States Paper Corporation, a Delaware Corporation v. Jean Ann Johnson, Administratrix of the Estate of Kenneth Hugh Johnson, Deceased

U.S. Court of Appeals for the Sixth Circuit · Decided August 19, 1959 · Allen, Miller, Cecil

269 F.2d 835; 1959 U.S. App. LEXIS 3403 (Federal Reporter, Second Series)

Counsel

Alexander, Cholette, Buchanan, Perkins & Conklin, Grand Rapids, Mich., for appellant., Mitts, Smith, Haughey & Packard, Grand Rapids, Mich., for appellee.

Cases that cite this one

7 later published cases cite this decision.

Refrigerated Food Line, Inc. v. Republic Industries, Inc. (8th Cir. 1971)
Dennis D. Donovan v. Hayden, Stone, Inc. (6th Cir. 1970)
Benton Harbor Malleable Industries v. International Union (6th Cir. 1966)
Benton Harbor Malleable Industries v. International Union, United Automobile, Aircraft & Agricultural Implement Workers of America (6th Cir. 1966)
S. H. McNutt Jr., and Alice H. McNutt D/B/A Partners Under the Firm Name of Nehi Bottling Company v. Cardox Corporation (6th Cir. 1964)
Upper Mississippi Towing Corporation v. Clifford West (8th Cir. 1964)
Seven-Up Company v. O-So Grape Co. (District Court, S.D. Illinois 1959)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The District Judge overruled appellant’s motion to dismiss the complaint or in the alternative to quash service of process, from which order this appeal was taken.

Said order is not a final decision from which an appeal will lie. Sec. 1291, Title 28 U.S.Code; Metalock Repair Service v. Harman, 6 Cir., 234 F.2d 490; Chereton v. United States, 6 Cir., 256 F.2d 576. See Robinson v. Bankers Life & Casualty Co., 6 Cir., 226 F.2d 834.

In entering the order the District Judge did not state therein in writing that he was of the opinion that such order involved a controlling question of law as to which there was substantial ground for difference of opinion and that an immediate appeal from the order might materially advance the ultimate termination of the litigation, which is a necessary element in order for an appeal to lie under the provisions of Sec. 1292(b), Title 28 U.S.Code. Milbert v. Bison Laboratories and the B. & O. R. Co., 3 Cir., 260 F.2d 431, 435; Biggers v. Bankers Bond Co., D.C.W.D.Ky., 171 F.Supp. 94.

Appellee’s motion to dismiss the appeal is sustained, at the cost of appellant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.