In Re: International Union of Operating Engineers, Local 18
This text of 755 F.2d 932 (In Re: International Union of Operating Engineers, Local 18) 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
755 F.2d 932
Unpublished Disposition
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IN RE: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18.
NO. 84-3953
United States Court of Appeals, Sixth Circuit.
1/25/85
ORDER
BEFORE: MERRITT, WELLFORD, and MILBURN, Circuit Judges.
This matter is before the Court upon consideration of petitioner's petition for a writ of prohibition. Petitioner requests this Court to prohibit the district court from conducting any further proceeding on a motion filed by respondent Schimman to alter or amend an order vacating an award of attorney's fees. Schimman filed a response.
A petition for a writ of mandamus or prohibition cannot be used as a substitute for an appeal. Will v. United States, 389 U.S. 90 (1967); Bankers Life & Casualty Co. v. Holland, 346 U.S. 379 (1953); National City Bank v. Battisti, 581 F.2d 565 (6th Cir. 1977). Petitioner is attempting to achieve by a writ of prohibition what may be resolved in a later appeal once the district court rules on the motion to alter or amend.
It is ORDERED that the petition for a writ of prohibition is denied.
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755 F.2d 932, 1985 WL 12892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-international-union-of-operating-engineers-l-ca6-1985.