Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Arrowhead Co. v. Lykes

UNITED STATES COURT OF APPEALS SECOND CIRCUIT.


decided: November 28, 1951.

ARROWHEAD CO., INC., ET AL.
v.
THE AIMEE LYKES ET AL.

Author: Frank

Before SWAN, Chief Judge, FRANK, Circuit Judge, and COXE, District Judge.

FRANK, Circuit Judge.

1. The order is not final within the meaning of 28 U.S.C. § 1291.*fn1 Nor is it the kind of interlocutory order made appealable by 28 U.S.C. § 1292, for it does not determine the rights and liabilities of the parties.*fn2

2. But, in appropriate circumstances, we may treat an appeal as a petition for a mandamus writ.*fn3 Yet if no more than an "abuse" of discretion is involved, and the order directs a transfer,*fn4 we have held that we will not entertain such a petition, for it must be addressed to the court of appeals for the circuit which includes the transferee district.*fn5

If, however, the district court lacked all power to order a transfer, so that its order is a nullity, we will issue a writ of mandamus.*fn6 But we think that here there was no such lack of power. 28 U.S.C. § 1404(a) relates to "any civil action"; see Ex parte Collett, 337 U.S. 55, 58, 69 S. Ct. 944, 959, 93 L. Ed. 1207; United States v. National City Lines, 337 U.S. 78, 81, 83, 69 S. Ct. 955, 93 L. Ed. 1226; cf. 28 U.S.C. § 1333.*fn7

Appeal dismissed. Treating it as a petition for a writ of mandamus, the petition is dismissed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.