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Wiltse v. Clarkson

United States Court of Appeals, Sixth Circuit
Oct 7, 1976
542 F.2d 363 (6th Cir. 1976)

Opinion

No. 76-8183.

October 7, 1976.

Gabriel Glantz, Detroit, Mich., for plaintiffs-appellants.

Alger H. Strom, Pontiac, Mich., W. Kent Clarke, Jr., Southfield, Mich., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of Michigan.

Before PECK, McCREE and LIVELY, Circuit Judges.


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.


Summaries of

Wiltse v. Clarkson

United States Court of Appeals, Sixth Circuit
Oct 7, 1976
542 F.2d 363 (6th Cir. 1976)
Case details for

Wiltse v. Clarkson

Case Details

Full title:DALE WILTSE, PLAINTIFF-APPELLANT, v. JAMES CLARKSON ET AL.…

Court:United States Court of Appeals, Sixth Circuit

Date published: Oct 7, 1976

Citations

542 F.2d 363 (6th Cir. 1976)

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