Insituform Technologies, Inc., Insituform (netherlands) B.v.and Insituform Gulf South, Inc., Plaintiffs-respondents, v. Cat Contracting, Inc., Michigan Sewer Construction, Kanalsanierung Hans Mueller Gmbh & Co. Kg and Inlineru.s.a., Defendants-petitioners, 73 F.3d 378 (Fed. Cir. 1995)
Annotate this CaseBefore PLAGER, Circuit Judge, NIES, Senior Circuit Judge, and RADER, Circuit Judge.
ON PETITION FOR PERMISSION TO APPEAL
ORDER
PLAGER, Circuit Judge.
Cat Contracting, Inc., Michigan Sewer Construction, Kanal Sanierung Hans Mueller GmbH & Co. Kg, and Inliner U.S.A. (collectively Cat Contracting) petition for permission to appeal an order certified by the United States District Court for the Southern District of Texas as involving a controlling question of law as to which there is a substantial ground for difference of opinion and for which an immediate appeal may materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292(b), (c) (1). Insituform Technologies, Inc., Insituform (Netherlands) B.V., and Insituform Gulf South, Inc. (collectively Insituform) oppose.
Cat Contracting's petition for permission to appeal is untimely. 28 U.S.C. § 1292(b), (c) (1). Thus, the petition is dismissed.*
Accordingly,
IT IS ORDERED THAT:
Cat Contracting's petition for permission to appeal is dismissed.
We note that in addition to filing a "protective" petition for permission to appeal, Cat Contracting has filed a notice of appeal on the ground that the district court action is "final except for an accounting." 28 U.S.C. § 1292(c) (2)
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