HALL v. WEST

No. 21580.

335 F.2d 481 (1964)

Lawrence HALL et al., on behalf of themselves and others similarly situated, Petitioners, v. Honorable E. Gordon WEST, Judge of the United States District Court for the Eastern District of Louisiana, Respondent.

United States Court of Appeals Fifth Circuit.

July 9, 1964.


Attorney(s) appearing for the Case

Jack Greenberg, New York City, A. P. Tureaud, New Orleans, La., for petitioners.

Jack P. F. Gremillion, Atty. Gen., Tom McFerrin, Carroll Buck, Asst. Attys. Gen., Baton Rouge, La., Duncan S. Kemp, Dist. Atty., Amite, La., for respondent.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.


TUTTLE, Chief Judge.

In Ex Parte Fahey, 332 U.S. 258, 67 S.Ct. 1558, 91 L.Ed. 2041, the United States Supreme Court said:

"Mandamus, prohibition and injunction against judges are drastic and extraordinary remedies. We do not doubt power in a proper case to issue such writs. But they have the unfortunate consequence of making the judge a litigant, obliged to obtain personal counsel or to leave his defense to one of the litigants...

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