Byram Concretanks, Inc. v. Honorable Thomas F. Meaney

Third Circuit

Byram Concretanks, Inc. v. Honorable Thomas F. Meaney

286 F.2d 170, 4 Fed. R. Serv. 2d 582, 1961 U.S. App. LEXIS 5522

Court of Appeals for the Third Circuit·Decided January 19, 1961·No. 13483·Published·Cited by 4 cases

Opinion

PER CURIAM.

This is an action for mandamus brought against one of the district *171 judges for the District of New Jersey. The allegation complains that the district judge unduly restricted the applicant in his interrogatories in a pending litigation and that he acted contrary to what one of his fellow judges had ordered on the same point. We think that this is not a proper case for mandamus. TCF Film Corp. v. Gourley, 3 Cir., 1957, 240 F.2d 711. This Court has said many times that mandamus is not to be taken as a substitute for appeal. E. g., Green v. Murphy, 3 Cir., 1958, 259 F.2d 591. The district judge was acting in a ease which was before him and the action he took was within his authority. If he was wrong the error can be corrected on appeal. The petition will be denied.

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PER CURIAM.

This is an action for mandamus brought against one of the district *171 judges for the District of New Jersey. The allegation complains that the district judge unduly restricted the applicant in his interrogatories in a pending litigation and that he acted contrary to what one of his fellow judges had ordered on the same point. We think that this is not a proper case for mandamus. TCF Film Corp. v. Gourley, 3 Cir., 1957, 240 F.2d 711. This Court has said many times that mandamus is not to be taken as a substitute for appeal. E. g., Green v. Murphy, 3 Cir., 1958, 259 F.2d 591. The district judge was acting in a ease which was before him and the action he took was within his authority. If he was wrong the error can be corrected on appeal. The petition will be denied.

Byram Concretanks, Inc. v. Honorable Thomas F. Meaney, 286 F.2d 170, 4 Fed. R. Serv. 2d 582, 1961 U.S. App. LEXIS 5522 (3d Cir. 1961).

Pincite

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Opinion

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