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THOMSON v. PALMIERI

Docket 29878.

355 F.2d 64 (1966)

A. THOMSON and F. Hope, Petitioners, v. Edmund L. PALMIERI, United States District Judge for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided January 11, 1966.

Attorney(s) appearing for the Case

Robert S. Groban, Martin Novack, Groban & Rava, New York City, for petitioners.

Albert A. Blinder, Mark A. Vogel, Blinder & Steinhaus, New York City, for Scottish Air International, Inc., plaintiff in the action below, File No. 65, Civil Action No. 1782, Southern Dist. of New York.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and LEVET, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Thomson and Hope petition for a writ of mandamus or prohibition, or both, against Judge Palmieri, who denied their motion to dismiss an action brought against them and others derivatively by Scottish Air International, Inc., a New York corporation. The ground for the motion to dismiss was forum non conveniens.

Scottish commenced the underlying derivative action in the New York state courts, and the defendants removed. Scottish...

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