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IN RE EASTMAN KODAK CO.

No. 4551.

48 F.2d 125 (1931)

In re EASTMAN KODAK CO.

Circuit Court of Appeals, Third Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City, and Ballard, Spahr, Andrews & Ingersoll, of Philadelphia, Pa. (Charles W. Riley, of New York City, Boyd Lee Spahr, of Philadelphia, Pa., and George E. Middleton, of New York City, of counsel), for petitioners.

Thomas Raeburn White, of Philadelphia, Pa., for respondent.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and THOMPSON, District Judge.

WOOLLEY, Circuit Judge.

This is a motion for leave to file a petition for a writ of prohibition or mandamus to restrain the District Court from exercising jurisdiction over the petitioner which it assumed on service of a writ of summons and continues to hold after dismissing a rule to set aside the service. The petitioner finds authority for its motion in section 377 of title 28 of the United States Code Annotated, which provides that, "* * * the circuit courts of...

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