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O'NEILL v. BATTISTI

No. 72-2062.

472 F.2d 789 (1972)

Honorable C. William O'NEILL, Chief Justice of Ohio, et al., Petitioners, v. Honorable Frank J. BATTISTI, Chief Judge, United States District Court for the Northern District of Ohio, Respondent. George R. Heitzler, Jr., Intervenor.

United States Court of Appeals, Sixth Circuit.

Certiorari Denied May 7, 1973.

Attorney(s) appearing for the Case

Victor DeMarco, Marc L. Swartzbaugh, Patrick F. McCartan, Robert J. Hoerner, Jones, Day, Cockley & Reavis, Cleveland, Ohio, on brief for petitioners.

Stanley E. Preiser, David C. McCue, Preiser & Wilson, Charleston, W. Va., for intervenor.

Before PHILLIPS, Chief Judge, and MILLER and LIVELY, Circuit Judges.

Certiorari Denied May 7, 1973. See 93 S.Ct. 2142.

PER CURIAM.

This case is before the Court on a petition for writ of mandamus or prohibition, filed by the Chief Justice and the Associate Justices of the Supreme Court of Ohio against the Chief Judge of the United States District Court for the Northern District of Ohio. By authority of the All Writs Statute, 28 U.S.C. § 1651, we grant the writ of mandamus as prayed in the petition.

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