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UNITED STATES v. KIRKPATRICK

No. 10291.

186 F.2d 393 (1951)

UNITED STATES et al. v. KIRKPATRICK et al.

United States Court of Appeals Third Circuit.

Reargued December 18, 1950.

Decided January 10, 1951.

Attorney(s) appearing for the Case

Thomas E. Byrne, Jr., Philadelphia, Pa. (Mark D. Alspach and Krusen, Evans & Shaw, Philadelphia, Pa., on the brief), for Sudden & Christenson, Inc.

Leavenworth Colby, Sp. Asst. to Atty. Gen. (H. G. Morison, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., James P. McCormick, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for the United States.

James L. Baxter, Philadelphia, Pa., for Hon. Wm. H. Kirkpatrick.

Abraham E. Freedman, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), amicus curiae.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

MARIS, Circuit Judge.

In this proceeding the United States of America and Sudden & Christenson, Inc. seek writs of mandamus and prohibition to be directed to the chief judge and judges of the United States District Court for the Eastern District of Pennsylvania and to a commissioner appointed by them. From the petition and answer the following facts appear.

In 1949 Samuel Spivak, a seaman, instituted a suit in admiralty for salvage against the petitioners...

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