ARMOUR & CO. v. KLOEB

No. 8355.

109 F.2d 72 (1939)

ARMOUR & CO. v. KLOEB, District Judge.

Circuit Court of Appeals, Sixth Circuit.

December 5, 1939.


Attorney(s) appearing for the Case

Welles, Kelsey, Cobourn & Harrington, of Toledo, Ohio, for petitioner.

No appearance for respondent.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

The petitioner applied for a writ of mandamus to compel the respondent to set aside his order remanding the cause to the State Court and directing him to take jurisdiction of it. We issued an order to show cause to which appropriate reply has been made supported by brief.

The first contention that confronts us is that we have no power to issue the writ because, by rule 81(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following...

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