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CITY OF ASBURY PARK, N. J. v. CHRISTMAS

No. 5823.

78 F.2d 1003 (1935)

CITY OF ASBURY PARK, N. J., et al. v. CHRISTMAS et al.

Circuit Court of Appeals, Third Circuit.

July 22, 1935.

Attorney(s) appearing for the Case

Wm. A. Stevens, of Red Bank, N. J., Walter Taylor, of Asbury Park, N. J., and E. J. Dimock, of New York City (Arnold Frye, C. O. Donahue, and C. R. Peterson, all of New York City, of counsel), for appellants.

Arthur T. Vanderbilt, of Newark, N. J. (David M. Wood, John B. Dawson, and Thomson, Wood & Hoffman, all of New York City, of counsel), for appellees.

McDermott, Enright & Carpenter, of Jersey City, N. J. (James D. Carpenter, Jr., of Jersey City, N. J., of counsel), for Rippel and others.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

Assuming for present purposes the power of the court below in ordinary cases to issue a writ of mandamus upon a municipality to aid a judgment creditor in enforcing such judgment, it still remains the law, as stated by the Supreme Court of the United States in Duncan Townsite Co. v. Lane, 245 U.S. 308, 311, 38 S.Ct. 99, 101, 62 L. Ed. 309, that: "Mandamus is an extraordinary remedial process which is awarded...

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