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PAESCH v. WINTER

No. 10571.

366 F.2d 756 (1966)

William B. PAESCH, Sr., individually to his own use and as surviving husband of Lillian M. Paesch, deceased, and as father and next friend of William E. Paesch, Jr., surviving minor child of Lillian M. Paesch, deceased, and William E. Paesch, Sr., Administrator of the Estate of Lillian M. Paesch, deceased, Petitioners, v. The Honorable Harrison L. WINTER, U. S. District Judge for the District of Maryland, Respondent. American Cyanamid Company, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided September 14, 1966.

Attorney(s) appearing for the Case

Everett L. Buckmaster, Baltimore, Md. (George W. White, Jr., George L. Clarke, Leonard J. Harmatz and David H. Cohen, and Buckmaster, White, Mindel & Clarke, Baltimore, Md., on petition), for petitioners.

Herbert F. Murray, Baltimore, Md. (M. King Hill, Jr., Baltimore, Md., on response), for intervenor.

Before HAYNSWORTH, Chief Judge, and BRYAN and BELL, Circuit Judges.

PER CURIAM:

Mandamus is sought by the petitioner to compel the Federal District Judge for the District of Maryland to rescind his order transferring to the Middle District of Pennsylvania for trial the civil action, No. 16,300, filed in the former court by the petitioner as plaintiff against American Cyanamid Company. The purpose of the suit is to recover damages for the death of his wife in the explosion on June 26, 1964 of the defendant's truck on a Pennsylvania...

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