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IN RE RAY McDERMOTT & CO.

No. 17191.

254 F.2d 390 (1958)

In re J. RAY McDERMOTT & CO., Inc.

United States Court of Appeals Fifth Circuit.

April 23, 1958.

Attorney(s) appearing for the Case

Warren M. Faris, Faris, Leake & Emmett, New Orleans, La., for petitioner.

Chaffe, McCall, Phillips, Burke & Hopkins, New Orleans, La., and Hall & Conger, Shreveport, La., for respondent.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.

PER CURIAM.

Recognizing in its petition for leave to file that where an appeal lies a petition for mandamus cannot be made to serve its purpose, applicant, as a ground for granting leave to file it, alleges that the order from which it seeks relief is not appealable, citing 28 U.S.C.A. Sec. 1292.

Opponents of the petition put forward as their first counter proposition that "mandamus is improper because the district judge's decision is appealable", citing in...

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