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Walker v. Sinclair Refining Co.

decided: January 21, 1969.

BOBBY F. WALKER
v.
SINCLAIR REFINING COMPANY, APPELLANT



Seitz, Aldisert and Stahl, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

The defendant has appealed from the District Court's denial of its motion for summary judgment in a Jones Act*fn1 case which involved a land-based injury to a seaman. In denying summary judgment, the memorandum opinion of the District Court concluded that "the policy favoring jury consideration of situations such as the one before us militates against deciding any but the clearest of cases on a motion for summary judgment."

Notwithstanding this conclusion which followed a suggestion of two possible theories*fn2 which might conceivably suggest a prima facie case for plaintiff, the matter was certified to us by the District Court under 28 U.S.C.A. 1292(b)*fn3 on motion of the defendant. We permitted the appeal.

Following oral argument and a consideration of the briefs, however, we are no longer certain that the appeal does involve clearly defined "controlling questions of law" within the meaning of 28 U.S.C.A. ยง 1292(b). Moreover, there is some uncertainty as to the precise refinement of the theories of liability being advanced*fn4 and we are not convinced of the absence of a genuine issue of material facts in this case.

Accordingly, the appeal will be ...


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