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BLASBAND v. RALES

No. 92-7501.

979 F.2d 324 (1992)

Alfred BLASBAND, on behalf of all others similarly situated, Petitioner, v. Steven M. RALES, Mitchell P. Rales and John Doe 1-10 and Danaher Corporation, Respondents and The Honorable James L. Latchum, Senior Judge, United States District Court; the Honorable E. Norman Veasey, Chief Justice, Delaware Supreme Court; the Honorable Henry R. Horsey, the Honorable Andrew G.T. Moore, II, the Honorable Joseph T. Walsh, and the Honorable Randy J. Holland, Associate Justices, Delaware Supreme Court, Nominal Respondents.

United States Court of Appeals, Third Circuit.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Stephen A. Whinston (argued) and Arthur Stock, Berger & Montague, P.C., Philadelphia, Pa., for petitioner.

Stephen P. Lamb (argued), Robert A. Glen, Robert E. Zimet, Joseph Guglielmelli, Cathy L. Reese, Jaya B. Gokhale and Peri B. Erlanger, Skadden, Arps, Slate, Meagher and Flom, Wilmington, Del., for respondents Stephen M. Rales and Mitchell P. Rales.

David C. McBride, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for respondent Danaher Corp.

Before: STAPLETON, GREENBERG, and SCIRICA, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Alfred Blasband initiated this proceeding by filing a petition with this court seeking a writ of mandamus directed to the Honorable James L. Latchum, a senior United States District Judge for the District of Delaware, and to the justices of the Delaware Supreme Court. In resolving this case we need only summarize the unusual underlying procedural history and the operative facts leading to the filing of the petition...

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