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MOTTOLESE v. KAUFMAN

No. 21334.

176 F.2d 301 (1949)

MOTTOLESE v. KAUFMAN, District Judge.

United States Court of Appeals Second Circuit.

Decided July 6, 1949.

Attorney(s) appearing for the Case

Delson, Levin & Gordon, New York City (Harold F. Levin, Edward Marks and Norman Moloshok, New York City, of counsel), for petitioner.

Sullivan & Cromwell and John G. Dorsey, New York City, for intervenor Marine Midland Trust Co.

Abraham M. Glickman, New York City (Samuel Levinkind, New York City, of counsel), for intervenor Securities Corporation General.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

L. HAND, Chief Judge.

This is a petition for mandamus to direct the respondent, Judge Kaufman, to proceed in due course with the hearing and trial of an action in the District Court for the Southern District of New York, between Mottolese, the petitioner, as plaintiff, and Harry Preston and others, as defendants. The petitioner sought by appeal to review the same order which this petition brings up; and although we dismissed the appeal last January,

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