GREAT NORTHERN RAILWAY COMPANY v. HYDE

No. 15630.

241 F.2d 707 (1957)

GREAT NORTHERN RAILWAY COMPANY, a corporation, Relator-Petitioner, v. Edward T. HYDE, Plaintiff-Respondent, Honorable Robert C. Bell, Judge of the United States District Court, District of Minnesota, and The Other Judges and Officers of the United States District Court, District of Minnesota, Respondents.

United States Court of Appeals Eighth Circuit.

March 7, 1957.


Attorney(s) appearing for the Case

Don E. Engle, St. Paul, Minn. (Edwin C. Mathias and Anthony Kane, St. Paul, Minn., were with him on the brief), for relator-petitioner.

Harry H. Peterson, Minneapolis, Minn. (Eugene A. Rerat, Minneapolis, Minn., was with him on the brief), for plaintiff-respondent and respondents.

Before SANBORN, WOODROUGH and WHITTAKER, Circuit Judges.


PER CURIAM.

The opinion of this Court was filed December 18, 1956, 238 F.2d 852, holding that § 1651(a) of Title 28 U.S.C.A. was not available as a means for reviewing and reversing, for an erroneous exercise of discretion, an order transferring this action, under 28 U.S.C.A. § 1404(a), from the District of Minnesota to the Northern District of California for trial. On January 14, 1957, the Supreme Court decided in the case...

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