UNITED STATES v. LEAHY

Nos. 8758, 8759.

148 F.2d 462 (1945)

UNITED STATES v. LEAHY, District Judge, et al.

Circuit Court of Appeals, Third Circuit.

Decided March 8, 1945.


Attorney(s) appearing for the Case

J. Frank Staley, of Washington, D. C. (Francis M. Shea, Atty. Gen., John J. Morris, Jr., U. S. Atty., of Wilmington, Del., and David L. Kreeger, Arnold M. Knauth, and Irving R. Storch, all of Washington, D. C., on the brief), for petitioner.

Leonard J. Matteson, of New York City (Abel Klaw, of Wilmington, Del., Bigham, Englar, Jones & Houston, of New York City, Joseph W. Henderson, of Philadelphia, Pa., and Samuel D. Antopol, of New York City, on the brief), for respondents.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and FAKE, District Judge.


GOODRICH, Circuit Judge.

The United States seeks a writ of mandamus, or prohibition, or both, against the United States District Judge for the District of Delaware on the ground that the District Court has no jurisdiction in a suit brought for the recovery of loss of certain tankers named, for the purpose of this action, "Mulligan" and "Bloom".1 The petitioner states that the claim on which the principal suit is based is a matter exclusively...

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