BLAYLOCK v. McLEAN

No. 28278.

319 F.2d 533 (1963)

R.C. BLAYLOCK et al., Petitioners, v. The Honorable Edward C. McLEAN, United States District Judge, Respondent.

United States Court of Appeals Second Circuit.

Decided June 27, 1963.


Attorney(s) appearing for the Case

Lawrence E. Walsh, New York City (Davis, Polk, Wardwell, Sunderland & Kiendl, Henry L. King and Louis L. Stanton, Jr., New York City, on the brief), for petitioners.

Benedict Wolf, New York City (Wolf, Popper, Ross, Wolf & Jones and Paul L. Ross, New York City, on the brief) for respondent (on behalf of all plaintiffs).

Before LUMBARD, Chief Judge, and CLARK and HAYS, Circuit Judges.


PER CURIAM.

The petition for a writ of mandamus is denied. We see no reason to overturn the discretion of the trial judge here.

LUMBARD, Chief Judge (dissenting).

It seems to me that it was a clear abuse of discretion for the district court to deny the motion to transfer these cases from New York to the Northern District of Texas.

The cases in question are four related stockholder's derivative actions brought under § 16(b) of the Securities...

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