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BANCOHIO CORPORATION v. FOX

No. 74-2269.

516 F.2d 29 (1975)

BANCOHIO CORPORATION and the Ohio National Bank, Petitioners, v. Honorable Noel P. FOX, Chief Judge of the United States District Court for the Western District of Michigan, and Seidman & Seidman, Respondents.

United States Court of Appeals, Sixth Circuit.

May 8, 1975.

Attorney(s) appearing for the Case

Ellis H. McKay, Marc L. Swartzbaugh, Kathleen B. Burke, Jones, Day, Cockley & Reavis, Cleveland, Ohio, Laurence D. Smith, Smith, Haughey, Rice, Roegge & Gould, Grand Rapids, Mich., for petitioners.

John Milanowski, U. S. Atty., Roger M. Clark, Grand Rapids, Mich., for respondents.

Before CELEBREZZE, MILLER and LIVELY, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

This is a petition for the writ of mandamus or prohibition addressed to Judge Fox of the United States District Court for the Western District of Michigan to require him to dismiss without prejudice a complaint for want of subject matter jurisdiction.

On March 7, 1974, petitioners filed an action against the accounting firm of Seidman & Seidman in a Michigan state court, seeking recovery because of the alleged fraud and...

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