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TENNESSEE WHEEL & RUBBER v. AMERICAN EXP. TRAVEL

No. 3-86-0921.

75 B.R. 1 (1987)

TENNESSEE WHEEL & RUBBER CO. v. AMERICAN EXPRESS TRAVEL RELATED SERVICES, CO., INC., et al.

United States District Court, M.D. Tennessee, Nashville Division.

On Affirmance April 21, 1987.

Attorney(s) appearing for the Case

Russell H. Hippe, Jr., Nashville, Tenn., for American Exp. et al.

Randal S. Mashburn, Nashville, Tenn., for Tennessee Wheel & Rubber Co.

MEMORANDUM

MORTON, Senior District Judge.

On Motion for Leave to Appeal

This case is before the court upon defendants' motion for leave to appeal. For the reasons which follow, the defendants' motion shall be granted.

Title 28 United States Code, section 1292(b), which governs the appropriateness of an appeal of an interlocutory order provides a two-pronged test as follows:

1. Whether there exists a controlling question of law...

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