ACKERT v. PELT BRYAN

Docket 27240.

299 F.2d 65 (1962)

Harold C. ACKERT, as Trustee for the benefit of Laura B. Smith, Petitioner, v. Honorable Frederick van Pelt BRYAN, District Judge, United States District Court for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided January 3, 1962.

Rehearing Denied February 8, 1962.


Attorney(s) appearing for the Case

Abraham L. Pomerantz, New York City (Pomerantz, Levy & Haudek, and William E. Haudek, Rosenfeld & Silverman, New York City, on the brief), for petitioner.

Samuel E. Gates, New York City (Debevoise, Plimpton & McLean, and Robert J. Geniesse, Robert L. King, New York City, Davis, Polk, Wardwell, Sunderland & Kiendl, and Taggart Whipple, Philip C. Potter, Jr., Roland W. Donnem, New York City, on the brief), for respondent.

Before CLARK, FRIENDLY and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

Plaintiff in Ackert v. Ausman1 petitions this Court for a writ of mandamus directing Judge Frederick van Pelt Bryan to retain jurisdiction over that action. On October 17, 1961 Judge Bryan filed an opinion granting a motion made by two of the defendants in that case for its transfer pursuant to 28 U.S.C. § 1404 (a) from the Southern District of New York to the District of Minnesota, Fourth Division (at Minneapolis...

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