Supreme Court of the United States
Switzerland Cheese Association, Inc. v. E. Horne’s Market, Inc.
November 7, 1966385 U.S. 23
Summary
The Court held that an order denying summary judgment because genuine factual disputes remained is not an interlocutory order refusing an injunction appealable under 28 U.S.C. § 1292(a)(1). Because the order merely determined that the case should proceed to trial and did not decide or tentatively resolve the merits, the Court affirmed dismissal of the appeal for lack of jurisdiction.
Holding
- Appealability of denial of summary judgment under § 1292(a)(1). A denial of summary judgment based on unresolved issues of fact is not an interlocutory order refusing an injunction within the meaning of § 1292(a)(1), even when the underlying action seeks permanent injunctive relief.
Docket 42
Cited authorities
- Rule 56 of the Federal Rules of Civil Procedure
- 15 U. S. C. 1051
- 60 Stat. 427
- 28 U.S.C. § 1292
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