Summary
holding that 1292(b) is not available to review a district judge's disposition under 1404
Summary of this case from Ellicott Mach. Corp. v. Modern WeldingOpinion
No. 13844.
December 4, 1959.
William E. Bufalino, Detroit, Mich., pro se.
No appearance for appellee.
Before SHACKELFORD MILLER, Jr., and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.
In this defamation action in tort, filed in the United States District Court for the Eastern District of Michigan, the appellee, who was alleged in the complaint to be a citizen and resident of Virginia, was served with process in Boston, Massachusetts. The District Judge sustained appellee's motion to quash the return of service.
Appellants' subsequent motion, pursuant to the provisions of Sec. 1404(a), Title 28 U.S.C. for a change of venue to the United States District Court for the District of Columbia, where the alleged tort was committed, was overruled, from which order this appeal was taken.
The order appealed from is not an appealable order. Sections 1291, 1292, Title 28 U.S.C.; Lemon v. Druffel, 6 Cir., 253 F.2d 680, certiorari denied 358 U.S. 821, 79 S.Ct. 34, 3 L.Ed.2d 62; All States Freight v. Modarelli, 3 Cir., 196 F.2d 1010, 1011; Littman v. Bache Co., 2 Cir., 246 F.2d 490.
The fact that the ruling is an important one in the final disposition of the case does not make it appealable. City of Morgantown v. Royal Insurance Co., Ltd., 337 U.S. 254, 258, 69 S.Ct. 1067, 93 L.Ed. 1347.
It is ordered that the appeal be dismissed.