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CZUCZKA v. RIFKIND

160 F.2d 308 (1947)

CZUCZKA v. RIFKIND, U. S. District Judge.

Circuit Court of Appeals, Second Circuit.

February 19, 1947.

Attorney(s) appearing for the Case

Wachtell, Manheim & Grouf, of New York City (Hans Harnik and Harold Manheim, both of New York City, of counsel), for petitioner.

Louis Steinberg, of New York City (Alvin Lieberman, of New York City, of counsel), for respondent.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Ours is an appellate court, without power in ordinary circumstances to control the administration of the district court. We may not, by mandamus, interfere with that administration except in aid of our appellate jurisdiction. When a district judge arbitrarily refuses to hear a case, we may require him to do so.1 But here the judge merely denied a motion to expedite a hearing, and with leave to renew the motion in...

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