William O. Douglas

“ We take the other view not because 'interlocutory' or preliminary may not at times embrace denials of permanent injunctions, but because the denial of a motion for a summary judgment because of unresolved issues of fact does not settle or even tentatively decide anything about the merits of the claim. ”

“ It is strictly a pretrial order that decides only one thing-that the case should go to trial. Orders that in no way touch on the merits of the claim but only relate to pretrial procedures are not in our view 'interlocutory' within the meaning of § 1292 (a) (1) . We see no other way to protect the integrity of the congressional policy against piecemeal appeals. ”

“ They sought a preliminary injunction during the pendency of the action, a permanent injunction, and damages. After issue was joined, petitioners moved for a summary judgment granting a permanent injunction and awarding damages against respondent. The District Court could not say that there was 'no genuine issue as to any material fact' within the meaning of Rule 56 of the Federal Rules of Civil Procedure which governs summary judgments and accordingly denied the motion. ”