[DOWNLOAD] "Bell v. Automobile Club of Michigan" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Bell v. Automobile Club of Michigan
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 12, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Order BEFORE: WEICK, CELEBREZZE and MERRITT, Circuit Judges Upon consideration of defendants-appellants' motion to stay pending appeal, the plaintiffs-appellees' motion to dismiss the appeal and the responses and replies submitted in relation thereto, It appearing from these documents and from the District Court record that the defendants-appellants are attempting to appeal from an interlocutory order allowing the plaintiffs-appellees to administer a written survey to the appellants' employees; that the appellants will be able to refuse to obey the order and, consequently, prevent any potential harm which may result from administering the survey, and that they would be able to seek review of the order after sanctions are applied, and that, for this reason, the appeal is from an interlocutory order which does not fall within the ""small class"" of orders which are otherwise appealable under 28 U.S.C. § 1291, Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949); Dow Chemical Company v. Taylor, 519 F.2d 352 (1975); Cf. In re April 1977 Grand Jury Subpoenas, 584 F.2d 1366 (6th Cir. 1978); and, It also appearing that the defendants-appellants have failed to show that exceptional circumstances exist in which their right to a writ of mandamus is clear and indisputable, Dow Chemical Company v. Taylor, supra; In re April 1977 Grand Jury Subpoenas, supra at 1372; It is ORDERED that the motion to stay pending appeal be and hereby is denied because there is no threat of irreparable injury, Hamlin Testing Laboratories, Inc. v. U.S. Atomic Energy Commission, 337 F.2d 221, 222 (6th Cir. 1969); and, it is further ORDERED that the motion to dismiss this appeal be and hereby is granted due to this Court's lack of jurisdiction to entertain this appeal under Rule 9(b)1, Rules of the Sixth Circuit.

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