Anthony J. Zerilli and Jack W. Tocco v. Thomas P. Thornton, United States District Judge
This text of 428 F.2d 476 (Anthony J. Zerilli and Jack W. Tocco v. Thomas P. Thornton, United States District Judge) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
Petitioners have filed in this court a petition for writ of mandamus. They are aggrieved by an order of the United States District Court for the Eastern District of Michigan, Southern Division, overruling a motion to quash subpoenas requiring them to appear before a federal grand jury in said district. In their petition they pray for a writ of mandamus commanding the District Judge to quash said subpoenas.
Mandamus is an extraordinary remedy and is appropriate only where there are “exceptional circumstances amounting to a judicial ‘usurpation of power.’ ” Will v. United States, 389 U.S. 90, 95, 88 S.Ct. 269, 273, 19 L.Ed.2d 305. Mandamus cannot be used to compel a judge to decide a case a particular way, and it cannot be used as a substitute for an appeal. Albert v. United States District Court for the Western District of Michigan, 283 F.2d 61 (6th Cir.).
Upon consideration, it is ordered that the application for writ of mandamus be and hereby is denied, and that the petition be and hereby is dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
428 F.2d 476, 1970 U.S. App. LEXIS 8733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-j-zerilli-and-jack-w-tocco-v-thomas-p-thornton-united-states-ca6-1970.