La BUY v. HOWES LEATHER CO.

No. 27.

352 U.S. 249 (1957)

La BUY, UNITED STATES DISTRICT JUDGE, v. HOWES LEATHER CO., INC., ET AL.

Supreme Court of United States.

Decided January 14, 1957.


Attorney(s) appearing for the Case

James A. Sprowl argued the cause for petitioner. With him on the brief was Edward R. Johnston.

Jack I. Levy argued the cause for respondents. On the brief were Mr. Levy for Howes Leather Co., Inc., and David L. Dickson and John F. McClure for Montgomery Ward & Co., Inc., respondents.


MR. JUSTICE CLARK delivered the opinion of the Court.

These two consolidated cases present a question of the power of the Courts of Appeals to issue writs of mandamus to compel a District Judge to vacate his orders entered under Rule 53 (b) of the Federal Rules of Civil Procedure referring antitrust cases for trial before a master. The petitioner, a United States District Judge sitting in the Northern District of Illinois, contends that the Courts of Appeals have...

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