1. This is not the case with Steele but another case in front of Sleet
2. What was denied was a "special" boost of the question about dividends to one class to the STATE courts 3. The denial of this part of this case is explained by the court as due to the request not being urgent and critical --- BECAUSE the court may yet rule (along with others) favorably on the GOV (defendant's) Motion to Dismiss
Thus the court is saying - it has not decided the main case and it has not decided to deny or grant a defendant motion to dismiss but given where the court is --- half way to ? - the separate issue of moving a question to the STATE courts does not meet the test for such an end run