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NATIONAL BONDHOLDERS CORPORATION v. McCLINTIC

No. 4406.

99 F.2d 595 (1938)

NATIONAL BONDHOLDERS CORPORATION et al. v. McCLINTIC, Judge.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1938.

Attorney(s) appearing for the Case

Sidney C. Weinstein, of New York City, and Reuben Oppenheimer, of Baltimore, Md. (Ralph Wolf, of New York City, Thomas B. Jackson and Herman Bennett, both of Charleston, W. Va., Hays, Wolf, Kaufman & Schwabacher, of New York City, Brown, Jackson & Knight, of Charleston, W. Va., and Emory, Beeuwkes, Skeen & Oppenheimer, of Baltimore, Md., on the brief), for petitioners.

Robert S. Spilman, of Charleston, W. Va. (Hawthorne D. Battle, and Price, Smith & Spilman, all of Charleston, W. Va., on the brief), for respondent.

Before NORTHCOTT and SOPER, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

In this case the petitioners pray for a writ of mandamus to the Honorable George W. McClintic, United States District Judge for the Southern District of West Virginia, to vacate his order of October 11, 1938, staying the taking of the depositions of certain witnesses, notice for which had been given under rule 26 of the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The order was passed in consolidated cases pending...

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