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Okin v. Securities and Exchange Commission

UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT


and october 29 1946: August 20, 1946.

OKIN
v.
SECURITIES AND EXCHANGE COMMISSION (APPLICATION FOR WRIT OF MANDAMUS PURSUANT TO SECTION 262 OF THE JUDICIAL CODE)

Author: Swan

August 20, 1946

SWAN, Circuit Judge .

Whether correct or incorrect, as to which I express no opinion, the Commission's affirmance of the trial examiner's exclusion of the petitioner from oral participation in the hearing before him is an interlocutory ruling and not presently reviewable. See Okin v. S.E.C. , 143 F.2d 960 (C.C.A. 2).The write of mandamus cannot be used as a means of reviewing prematurely interlocutory orders. See U.S. ex rel. Potts v. Rabb , 147 F.2d 225, 226 (C.C.A. 3) cert. den. 324 U.S. 870. Consequently the petitioner's application for an order to show cause before this court at a date to be set during August 1946 is denied but without prejudice to bringing on the petition by a notice of motion returnable on any motion day during the October 1946 Term.

October 29, 1946

Per Curiam:

Motion denied for the reasons stated by Judge Swan in his memorandum of August 17, 1946, and petition dismissed.

19460820

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