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GRACE LINES, INC. v. MOTLEY

No. 473, Docket 35581.

439 F.2d 1028 (1971)

Petition of GRACE LINES, INC., Petitioner, for a Writ of Mandamus or Prohibition v. Honorable Constance Baker MOTLEY, Judge of the United States District Court for the Southern District of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 1, 1971.

Attorney(s) appearing for the Case

Henry J. O'Brien, New York City (Kirlin, Campbell & Keating and John J. Lee, New York City, on the brief), for petitioner.

Leon Stand, New York City (Semel, Patrusky & Buchsbaum, New York City, on the brief), for respondent.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This petition for a writ of mandamus arises out of an incident and accompanying rulings in the trial of Juan Clemente v. Grace Lines, Inc., before Judge Motley and a jury in the United States District Court for the Southern District of New York. The last day of the trial was Thursday, November 5, 1970; the jury had returned a verdict for the defendant and each juror was being polled by the clerk. He addressed Juror No. 11 and said, "you say...

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