statute is substantive and will affect the outcome of the case in question. This "outcome determination" test has since undergone some erosion. See Hanna v. Plumer, 380 US. 460 (1965); Byrd v. Blue Ridge Rural Elec. Cooperative, Inc., 356 US. 525 (1958); Sunray v. Beach Aircraft Corp., 349 Fad 60 (4th Cir. 196