Standard Asbestos Manufacturing and Insulating Company v. United States

Fifth Circuit

Standard Asbestos Manufacturing and Insulating Company v. United States

676 F.2d 119, 1982 U.S. App. LEXIS 19615

Court of Appeals for the Fifth Circuit·Decided April 30, 1982·No. 82-9052·Published

Opinion

BY THE COURT:

IT IS ORDERED that leave to take an interlocutory appeal under 28 U.S.C.A. § 1292(b) from the order of the United States District Court of the Eastern District of Texas entered on February 22, 1982, is denied as unnecessary. The order from which interlocutory appeal is sought is, under the circumstances, a final, appealable order. See United States v. United Fruit Co., 410 F.2d 553 (5th Cir. 1969); United States v. Allegheny-Ludlum Industries, 517 F.2d 826, 840-41 (5th Cir. 1975); In re Proceedings Before Federal Grand Jury, 643 F.2d 641, 643 (9th Cir. 1981); Gibson v. United States, 403 F.2d 166 (D.C.Cir.1968); State of Illinois v. Sarbaugh, 552 F.2d 768 (7th Cir.), cert. denied, 434 U.S. 889, 98 S.Ct. 262, 54 L.Ed.2d 174 (1977).

The motion for leave to take an interlocutory appeal will be treated as a notice of appeal. See Cobb v. Lewis, 488 F.2d 41, 44-46 (5th Cir. 1974). The appeal may be docketed, subject to compliance with any other applicable requirements.

IT IS FURTHER ORDERED that the motion to consolidate this case with Myers v. Johns-Manvilie Sales Corp., et al., etc., No. 82-9049, for purposes of the appeals in such cases is granted.

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BY THE COURT:

IT IS ORDERED that leave to take an interlocutory appeal under 28 U.S.C.A. § 1292(b) from the order of the United States District Court of the Eastern District of Texas entered on February 22, 1982, is denied as unnecessary. The order from which interlocutory appeal is sought is, under the circumstances, a final, appealable order. See United States v. United Fruit Co., 410 F.2d 553 (5th Cir. 1969); United States v. Allegheny-Ludlum Industries, 517 F.2d 826, 840-41 (5th Cir. 1975); In re Proceedings Before Federal Grand Jury, 643 F.2d 641, 643 (9th Cir. 1981); Gibson v. United States, 403 F.2d 166 (D.C.Cir.1968); State of Illinois v. Sarbaugh, 552 F.2d 768 (7th Cir.), cert. denied, 434 U.S. 889, 98 S.Ct. 262, 54 L.Ed.2d 174 (1977).

The motion for leave to take an interlocutory appeal will be treated as a notice of appeal. See Cobb v. Lewis, 488 F.2d 41, 44-46 (5th Cir. 1974). The appeal may be docketed, subject to compliance with any other applicable requirements.

IT IS FURTHER ORDERED that the motion to consolidate this case with Myers v. Johns-Manvilie Sales Corp., et al., etc., No. 82-9049, for purposes of the appeals in such cases is granted.

Standard Asbestos Manufacturing and Insulating Company v. United States, 676 F.2d 119, 1982 U.S. App. LEXIS 19615 (5th Cir. 1982).

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