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STEVENSON v. HOLSTEIN-FRIESIAN ASS'N

No. 171.

30 F.2d 625 (1929)

STEVENSON v. HOLSTEIN-FRIESIAN ASS'N OF AMERICA.

Circuit Court of Appeals, Second Circuit.

February 4, 1929.

Attorney(s) appearing for the Case

Greenleaf S. Van Gorder, of Buffalo, N. Y., for appellant.

Locke, Babcock, Hollister & Brown, of Buffalo, N. Y. (O. U. Kellogg, of Cortland, N. Y., and Louis L. Babcock, of Buffalo, N. Y., of counsel), for respondent.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

Concededly a District Court has no original jurisdiction to issue a writ of mandamus. Knapp v. Lake Shore & M. S. R. Co., 197 U.S. 536, 25 S.Ct. 538, 49 L. Ed. 870; Rosenbaum v. Bauer, 120 U.S. 450, 7 S.Ct. 633, 30 L. Ed. 743; Covington & C. Bridge Co. v. Hager, 203 U.S. 109, 27 S.Ct. 24, 51 L. Ed. 111. The theory upon which the bill was dismissed...

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