Opinion · Supreme Court of the United States

Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.

17 L. Ed. 2d 23

Type: Opinion
Court: Supreme Court of the United States
Jurisdiction: Federal
Date: 1966-11-07
Topic: general

recognizing that interlocutory review of pretrial orders is "an intolerable burden for us, an improper and uncertain interference with trial court discretion, and a confusing invitation to indiscriminate appeals in the future" | holding that orders “that in no way touch on the merits of the claim but only relate to pretrial procedures” cannot be appealed on an interlocutory basis | holding that orders “that in no way touch on the merits of the claim but only relate to pretrial procedures” cannot be appealed on an interlocutory basis | recognizing that interlocutory review of pretrial orders is "an intolerable burden for us, an improper and uncertain interference with trial court discretion, and a confusing invitation to indiscriminate appeals in the future" | recognizing that interlocutory review of pretrial orders is “an intolerable burden for us, an improper and uncertain interference with trial court discretion, and a confusing invitation to indiscriminate appeals in the future” | holding that the denial of a motion for summary judgment containing a request for permanent injunctive relief, although having the same practical effect as a denial of permanent injunctive relief, was not ap-pealable because the relief was available after the trial | cautioning that § 1292(a)(l)’s jurisdiction over interlocutory appeals should be applied “somewhat gingerly lest a floodgate be opened that brings into the exception many pretrial orders” | denying jurisdiction under § 1292(a)(1) because permanent injunctive relief could be obtained after trial such that no irreparable consequences mandated immediate review | describing a denial of summary judgment as "strictly a pretrial order that decides only one thingthat the case should go to trial" | describing a denial of summary judgment as "strictly a pretrial order that decides only one thing-that the case should go to trial" | Setting a case for trial on the merits, or rejection of a motion for summary judgment, would not be viewed an an appealable refusal of interlocutory injunctive relief | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | ﬁnding an order denying a motion for summary judg- ment not appealable under 28 U.S.C. §1292(a)(1) because it was an order that “in no way touch[ed] on the merits” and “only relate[d] to pretrial procedures” | denial of summary judgment “is strictly a pretrial order that decides only one thing — that the case should go to trial” | denial of summary judgment "is strictly a pretrial order that decides only one thing--that the case should go to trial" | order den

Citator

Cited by: 177 opinions

Mr. Justice Douglas

delivered the opinion of the Court.

Petitioners brought this suit for trademark infringement and unfair competition under the trademark laws. 60 Stat. 427, 15 U. S. C. 1051 et seq. They sought a preliminary injunction during the pendency of the action, a permanent injunction, and damages. After issue was joined, petitioners moved for a summary judgment granting a permanent injunction and awarding damages against respondent. The District Court could not say that there was “no genuine issue as to any material fact” *24 within the meaning of Rule 56 of the Federal Rules of Civil Procedure which governs summary judgments and accordingly denied the motion. Petitioners appealed, claiming that order to be an “interlocutory” one “refusing” an injunction within the meaning of § 1292 (a)(1) of the Judicial Code, 28 U. S. C. § 1292 (a)(1). 1

The Court of Appeals held that the order denying the motion for a summary judgment was not an “interlocutory” one within the meaning of § 1292 (a)(1) and dismissed the appeal for want of jurisdiction. 351 F. 2d 552. We granted certiorari because of a conflict between that decision and those from the Second Circuit. See, e. g., Federal Glass Co. v. Loshin, 217 F. 2d 936. 2

Unlike some state procedures, federal law expresses the policy against piecemeal appeals. See Baltimore Contractors, Inc. v. Bodinger, 348 U. S. 176. Hence we approach this statute somewhat gingerly lest a floodgate be opened that brings into the exception many pretrial orders. It is earnestly argued, however, that, although this order denied a permanent injunction, it was nonetheless “interlocutory” within the meaning of § 1292 (a)(1) because the motion for summary judgment did service for a motion for a preliminary injunction (see Federal Glass Co. v. Loshin, supra, at 938) and that therefore “interlocutory” must also include a denial of a permanent injunction.

*25 We take the other view not because “interlocutory” or preliminary may not at times embrace denials of permanent injunctions, but for the reason that the denial of a motion for a summary judgment because of unresolved issues of fact does not settle or even tentatively decide anything about the merits of the claim. It is strictly a pretrial order that decides only one thing — that the case should go to trial. Orders that in no way touch on the merits of the claim but only relate to pretrial procedures are not in our view “interlocutory” within the meaning of § 1292 (a)(1). We see no other way to protect the integrity of the congressional policy against piecemeal appeals. 3

Affirmed.

Mr. Justice Harlan would affirm the judgment below on the basis of the reasoning set forth in Judge Waterman’s opinion for the Second Circuit in Chappell & Co., Inc. v. Frankel, 367 F. 2d 197. Mr. Justice Stewart concurs in the result.

That section provides:

“(a) The courts of appeals shall have jurisdiction of appeals from:

“(1) Interlocutory orders of the district courts of the United States ... or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court.”

Subsequent to the grant of certiorari in this case, the Second Circuit, en banc, reversed its position and held that such an order is not appealable. Chappell & Co., Inc. v. Frankel, 367 F. 2d 197.

As Judge Charles E. Clark said, in dissent, in Peter Pan Fabrics, Inc. v. Dixon Textile Corp., 280 F. 2d 800, at 805-806:

“A district judge’s orders advancing a case to trial ought not to be critically examined and re-examined by the cumbersome method of appeal before he has approached the stage of adjudication. . . . I believe this an intolerable burden for us, an improper and uncertain interference with trial court discretion, and a confusing invitation to indiscriminate appeals in the future — all contrary to settled federal law against piecemeal appeals.”