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Hiram Whittle, Administrator of the Estate of Edgar Whittle v. J. Millard Tawes, Governor of the State of Maryland

Hiram WHITTLE, Administrator of the Estate of Edgar Whittle, Appellant, v. J. Millard TAWES, Governor of the State of Maryland, Appellee

Hiram Whittle v. J. Millard Tawes, Governor of the State of Md., 343 F.2d 428 (4th Cir. 1965)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
April 5, 1965
Docket
No. 9746_1
Judges
Sobeloff, Bell, Larkins
Citations
343 F.2d 4281965 U.S. App. LEXIS 6020

Opinion — Per Curiam

PER CURIAM:

This appeal must be dismissed for it is an attempt to have immediate review of an unappealable interlocutory order.

Hiram Whittle brought an action against the Governor of Maryland to compel him to investigate the circumstances surrounding the death of the plaintiff’s brother, Edgar Whittle, which occurred in 1942. The defendant filed a motion to dismiss and obtained an order deferring the taking of depositions by the plaintiff pending the disposition of that motion. It is from this order that appellant appeals. This is a -routine procedural step in the normal administration of the case and obviously not the type of order that may be reviewed before the final determination of the case, and 28 U.S.C.A. § 1292 (a) (1), upon which the appellant relies, is inapplicable. The appeal will be Dismissed.

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1986: 119862026peak 1986 · 1

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