Federal Procedure – Interlocutory Appeals – Appealability of Stay of Proceedings Under Section 1292 of the Judicial Code
Plaintiff brought an action for an accounting of the profits of a joint adventure. The defendant moved to stay proceedings pending arbitration pursuant to section 3 of the United States Arbitration Act. This motion was denied and defendant appealed the ruling, claiming as justification for the appeal that an interlocutory order denying a stay was a denial of an injunction under section 1292 of the Judicial Code. The court of appeals dismissed the appeal. On certiorari to the Supreme Court, held, affirmed, two justices dissenting. A stay of proceedings in a suit where plaintiff’s action is equitable in nature is not an injunction but only a decision as to how to try the one suit pending before the court. Baltimore Contractors, Inc. v. Bodinger, 348 U.S. 176, 75 S.Ct. 249 (1955).