TPO, INCORPORATED v. McMILLEN

No. 72-1098.

460 F.2d 348 (1972)

TPO, INCORPORATED, Petitioner, v. Hon. Thomas R. McMILLEN, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1972.


Attorney(s) appearing for the Case

James S. Gordon, George S. Feiwell, Samuel Morgan, Chicago, Ill., for petitioner.

Richard J. Carmel, Dan Brusslan, Paul Theodore Ruxin, Chicago, Ill., for respondent.

Before SWYGERT, Chief Judge, and KILEY and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

Petitioner seeks a writ of mandamus to nullify the assignment of its case in the district court to a magistrate for ruling on petitioner's motion to dismiss.

Petitioner is a defendant in the case of Zeitman v. Walston & Co., No. 71 C 2074 in the U. S. District Court for the Northern District of Illinois. Petitioner filed a motion to dismiss for failure to state a claim upon which relief can be granted. Because affidavits were attached...

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