IN RE UNITED SHOE MACHINERY CORPORATION

No. 5638 (Original).

276 F.2d 77 (1960)

In the Matter of UNITED SHOE MACHINERY CORPORATION, Movant.

United States Court of Appeals First Circuit.

March 18, 1960.


Attorney(s) appearing for the Case

Robert Proctor and Choate, Hall & Stewart, Boston, Mass. and Ralph M. Carson and Davis Polk Wardwell Sunderland & Kiendl, New York City, for movant.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

We have before us a motion for leave to file a petition for a writ of mandamus under the all-writs statute, 28 U.S.C. § 1651, to compel a district judge to recognize an affidavit of prejudice and disqualify himself prior to trial. We have always construed this statute guardedly. In re Chappell & Co., 1 Cir., 1953, 201 F.2d 343; In re Sylvania Electric Products, Inc., 1 Cir., 1955, 220...

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