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SHUTTE v. ARMCO STEEL CORPORATION

No. 18753.

431 F.2d 22 (1970)

Nancy SHUTTE, Administratrix of the Estate of Richard K. Schutte, Deceased, Petitioner, v. ARMCO STEEL CORPORATION (Defendant and Third-Party Plaintiff). ACE DORAN HAULING & RIGGING COMPANY, a corporation (Defendant), v. TIPPINS MACHINERY COMPANY, Inc., a Pennsylvania corporation (Third-Party Defendant), and Belger Cartage Service, Inc., a foreign corporation (Third-Party Defendant), Respondents, Honorable Edward Dumbauld, United States District Judge, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided August 14, 1970.

Attorney(s) appearing for the Case

John E. Evans, Jr., Evans, Ivory & Evans, Pittsburgh, Pa., for petitioner.

Edward A. Mihalik, Weis & Weis, Pittsburgh, Pa., for respondents.

Before McLAUGHLIN, STALEY and ADAMS, Circuit Judges.

OPINION OF THE COURT

GERALD McLAUGHLIN, Circuit Judge.

This matter is before the court on plaintiff administratrix's petition for a writ of mandamus. Petitioner requests us to direct the nominal respondent, a district court judge, to vacate his order of February 16, 1970, transferring this diversity action, pursuant to 28 U.S.C.A. § 1404(a), from the Western District of Pennsylvania to the Western District of Missouri at Kansas City.

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