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LUMMUS COMPANY v. COMMONWEALTH OIL REFINING COMPANY

No. 93, Dockets 27100, 27110.

297 F.2d 80 (1961)

LUMMUS COMPANY, Petitioner, v. COMMONWEALTH OIL REFINING COMPANY, Inc., Respondent. LUMMUS COMPANY, Petitioner, v. Honorable Archie O. DAWSON, Respondent.

United States Court of Appeals Second Circuit.

Decided November 14, 1961.

Certiorari Denied February 19, 1962.

Attorney(s) appearing for the Case

John T. Cahill, New York City (Cahill, Gordon, Reindel & Ohl, Lawrence J. McKay, Raymond L. Falls, Jr., Thomas F. Curnin, New York City, on brief), for petitioner.

John F. Dooling, Jr., New York City (Sullivan & Cromwell, Richard DeY. Manning, Milton Pollack, New York City, Ruben Rodriquez-Antongiorgi, San Juan, P.R., on brief), for respondent, Commonwealth Oil Refining Co., Inc.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

Certiorari Denied February 19, 1962. See 82 S.Ct. 601.

FRIENDLY, Circuit Judge.

An appeal and an alternative petition for mandamus bring us a host of questions in this sizable litigation, now well into its third year without even an approach to the merits. Much of the previous history is told in Lummus Co. v. Commonwealth Oil Refining Co., 280 F.2d 915 (1 Cir.), rehearing denied, 280 F.2d 932, cert. denied, 364 U.S. 911, 81...

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