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Dale Wiltse v. James Clarkson, Gabriel Glantz v. James Clarkson

Dale WILTSE, Plaintiff-Appellant, v. James CLARKSON Et Al., Defendants-Appellees; Gabriel GLANTZ, Plaintiff-Appellant, v. James CLARKSON Et Al., Defendants-Appellees

Dale Wiltse v. James Clarkson, Gabriel Glantz v. James Clarkson, 542 F.2d 363 (6th Cir. 1976)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
October 7, 1976
Docket
No. 76-8183
Judges
Peck, McCree, Lively
Citations
542 F.2d 3631976 U.S. App. LEXIS 6764

Opinion

ORDER This matter is before the Court on the petition of the plaintiffs for permission to appeal. Therein plaintiffs, having failed to obtain the certification necessary to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292 (b) in this case in which no final order has been entered in the district court, seek to circumvent that procedure by reference to Rule 2, Federal Rules of Appellate Procedure. However, that Rule does not provide an alternate or substitute procedure for that prescribed under 28 U.S.C. § 1292 (b), and does not vest in this Court jurisdiction in a case not otherwise properly before it. See generally, Benton Harbor Mal. Indus, v. International Union, 355 F.2d 70 (6th Cir. 1966);

Oppenheimer v. Los Angeles County Flood Control Dist., 453 F.2d 895 (9th Cir. 1972); and Gialde v. Time, Inc., 480 F.2d 1295 (8th Cir. 1973). Accordingly, IT IS ORDERED that the Petition for Permission to Appeal be and it hereby is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1983: 11988: 11989: 31991: 119832026peak 1989 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Tom J. Gialde v. Time, Inc., Time, Inc. v. Honorable John W. Oliver, Judge of the United States Dist. Court for the Western Dist. of Mo., 480 F.2d 1295 (8th Cir. 1973) 35
Oppenheimer v. Los Angeles Cnty. Flood Control Dist., 453 F.2d 895 (9th Cir. 1972) 14

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