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LIFE MUSIC, INC. v. EDELSTEIN

No. 27791.

309 F.2d 242 (1962)

LIFE MUSIC, INC., Petitioner, v. Honorable David N. EDELSTEIN, United States District Judge for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided October 30, 1962.

Attorney(s) appearing for the Case

Milton M. Rosenbloom, New York City, for petitioner Life Music, Inc.

Samuel I. Rosenman, New York City (Rosenman, Colin, Kaye, Petschek & Freund, Lawrence R. Eno, Harold S. Levy, New York City, of counsel), for Broadcast Music, Inc.

Bruce Bromley, New York City (Cravath, Swaine & Moore, New York City, Charles G. Moerdler, New York City, of counsel), for Columbia Broadcasting System, Inc., Columbia Records, Inc., Blackwood Music, Inc., Master Records, Inc. and April Music, Inc.

Cahill, Gordon, Reindel & Ohl, New York City (John W. Nields, Alan Rasch, New York City, of counsel), for Radio Corporation of America and National Broadcasting Company, Inc.

Before WATERMAN, FRIENDLY and MARSHALL, Circuit Judges.

PER CURIAM.

Petitioner, Life Music, Inc., is plaintiff in an action in the Southern District of New York seeking treble damages for alleged violation of the antitrust laws on the part of defendants Broadcast Music, Inc. et al. It asks us to direct a writ of mandamus to Judge Edelstein, to whom the action had been assigned as a protracted case pursuant to Rule 2 of the General Rules of the District Court, requiring him to set aside an order purportedly made under F...

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