Brantingson Fishing Equipment Company and Sigurdbrantingson, Jr., Plaintiffs-petitioners, v. Shimano American Corporation and Shimano Industrial, Ltd.,defendants-respondents, 873 F.2d 1451 (Fed. Cir. 1989)
Annotate this CaseBefore MARKEY, Chief Judge, BALDWIN, Senior Circuit Judge, and RE, Chief Judge.*
ORDER
Brantingson Fishing Equipment Company, et al. (Brantingson) petitions for permission to appeal a January 25, 1989 interlocutory order granting Shimano American Corporation, et al.'s Fed. R. Civ. P. 60(b) motion for a new trial and certifying the order for immediate appeal.
The order for a new trial lies within the informed discretion of the district court. With due deference to the district court's certification, we conclude that the present circumstances do not meet the requirements set forth in 28 U.S.C. § 1292(b), (c). See 9 Moore's Federal Practice p 110.22 at 261 (1988)
Accordingly, IT IS ORDERED THAT:
Brantingson's petition for permission to appeal is denied.
The Honorable Edward D. Re, Chief Judge of the Court of International Trade, sat by designation in related case No. 88-1256
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