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NATIONAL CITY BANK v. BATTISTI

No. 77-3532.

581 F.2d 565 (1977)

NATIONAL CITY BANK and the Cleveland Trust Company, Petitioners, v. Honorable Frank J. BATTISTI, Chief Judge of the United States District Court for the Northern District of Ohio, Respondent. Robert Anthony REED, III, et al., Plaintiffs-Appellees, v. James A. RHODES et al., Defendants, National City Bank and the Cleveland Trust Company, Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 2, 1977.

Attorney(s) appearing for the Case

Victor E. DeMarco, Dennis M. Kelly, Marc L. Swartzbaugh, Robert H. Baker, John W. Edwards, II, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for petitioners.

David W. Hart, Gen. Counsel, Thomas F. Harvey, Atty., Roland E. Remley, III, Gen. Counsel, E. William Haffke, Asst. Counsel, George I. Meisel, Squire, Sanders & Dempsey, and John H. Bustamante, Bustamante, Donohoe, Palmisano & Co., L.P.A., Cleveland, Ohio, for Paul Briggs and Bd. of Ed.

Mark O'Neill Cleveland, Ohio, for Martin Essex and Ohio St. Bd. of Ed.

Thomas I. Atkins, Boston, Mass., James L. Hardiman, Cleveland, Ohio, Nathaniel R. Jones, New York City, Jeremiah Glassman, Civ. Rights Div., U. S. Dept. of Justice, Washington, D. C., William D. Beyer, U. S. Atty., Cleveland, Ohio, Thomas P. Gill, Asst. County Prosecutor, Cleveland, Ohio, for County Auditor.

Before EDWARDS, LIVELY and ENGEL, Circuit Judges.

PER CURIAM.

This court has received briefs and has heard extensive oral arguments upon a petition for mandamus or prohibition filed by plaintiff Banks against a United States District Judge for the Northern District of Ohio, Eastern Division. The relief sought is the vacating of two orders dated November 4, 1977 and November 18, 1977, entered by said District Judge in a school desegregation case, Reed v. Rhodes, which was recently remanded to him by this court...

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