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UNITED STATES v. WRIGHT

No. 13186.

282 F.2d 428 (1960)

UNITED STATES of America, Petitioner, v. Honorable Caleb M. WRIGHT, Chief Judge, United States District Court for the District of Delaware, Respondent.

United States Court of Appeals Third Circuit.

Rehearing Denied June 15, 1960.

As Amended July 28, 1960.

Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., Leonard G. Hagner, U. S. Atty., Morton Hollander, Mark R. Joelson, Attys., Dept. of Justice, Washington, D. C., on the brief for the United States.

James M. Tunnell, Jr., Wilmington, Del., for United Airlines, Inc.

No appearance for Judge Wright.

Before BIGGS, Chief Judge, and GOODRICH, McLAUGHLIN, KALODNER, STALEY, HASTIE and FORMAN, Circuit Judges.

PER CURIAM.

In this case a petition for a writ of mandamus was denied. A petition for rehearing followed. The dissent to denial of that petition makes necessary this brief opinion.

The alleged abuse of discretion attributed to the district judge is that he employed improper standards in deciding the motion for change of venue. What is charged is a mistake of law. To issue mandamus on that basis would be to substitute the writ for appeal. The next step and...

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