Samuel

I. Introduction

Defendant, Stevedoring Services of America, purports to appeal from the denial of a motion to dismiss in the nature of a request for judgment on the pleadings. We agree with plaintiffs that the order under review is not subject to review on direct appeal prior to trial. Accordingly, the appeal is dismissed.

II. Procedural Background

Plaintiffs, survivors of United States Navy Chief Petty Officer James Samuel, filed suit for wrongful death. Defendant filed a motion to dismiss premised on its contention it was immune from suit. Defendant argued that it was acting as the agent of the United States Army at the time of the decedent’s death. As the agent of the Army, defendant claimed it was immune from suit because decedent’s injuries occurred during the military buildup prior to the Gulf War pursuant to the provisions of the Defense Production Act (50 U.S.C. Appen., § 2157), the regulations in the Defense Priorities and Allocations System ( 15 C.F.R. § 700.90 (1993)), and Executive Order No. 12742, 56 Federal Register 1079 (Jan. 8, 1991) 1991 United States Code Congressional and Administrative News, pages B3-B5. The motion was denied on February 8, 1994. On…