Kraus v. Board of County Road Commissioners
United States Court of Appeals for the Sixth Circuit
364 F.2d 919 (1966)
Relevant factsFree
Kraus (plaintiff) sued the Board of County Road Commissioners (defendant) for wrongful death; the Board moved for summary judgment, arguing Kraus failed to give timely written notice of the claim under Michigan law. The district court denied summary judgment, holding the notification statute didn't apply to wrongful-death suits, and the judge certified the order for immediate review under 28 U.S.C. § 1292(b). The Board appealed to the Sixth Circuit.
IssueFree
Whether, under 28 U.S.C. § 1292(b), any interlocutory order is appealable upon certification for immediate appeal by the district court judge.