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HIRSCH v. BRUCHHAUSEN

No. 26597.

284 F.2d 783 (1960)

Myrtle G. HIRSCH, Lenore Benedek, Janet Benedek, Gladys Cohen, and Howard Hirsch, doing business as Beland Realty Company, Petitioners, v. Hon. Walter BRUCHHAUSEN, United States District Judge for the Eastern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided November 29, 1960.

Attorney(s) appearing for the Case

Leonard W. Wagman, of Golenbock & Barell, New York City, for petitioners.

Martin Rosen, New York City, for William J. Adams, d/b/a Beacon Hill Company, Coral, Inc., and Louis Rait, Inc., in opposition.

Before CLARK, MAGRUDER, and FRIENDLY, Circuit Judges.

CLARK, Circuit Judge.

The petitioners herein seek a writ of mandamus to compel Judge Bruchhausen to vacate an order substituting them as the parties defendant in an action pending before him in the Eastern District of New York. The petition was filed a few days after we had dismissed a direct appeal from the order for lack of a final judgment. Involved also is an unappealable1 order of remand of the action to the state court from which...

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