LOUIS E. WOLFSON AND ELKIN B. GERBERT, PETITIONERS,
v.
HONORABLE EDMUND L. PALMIERI, UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK, RESPONDENT
LOUIS E. WOLFSON AND ELKIN B. GERBERT, PETITIONERS,
HONORABLE EDMUND L. PALMIERI, UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW YORK, RESPONDENT
394 F.2d 7
United States Court of Appeals for the Second Circuit (1968)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM:
A petition for a writ of mandamus and/or prohibition having been filed herein by counsel for the petitioners and argument having been had thereon,
Upon consideration thereof, it is
Ordered that said petition be and it hereby is dismissed for lack of jurisdiction.
In United States v. Simon, 2 Cir., 393 F. 2d 90, cited as a precedent for the relief sought here, the court had the power to issue a writ of mandamus (although it never became necessary for the court to do so because the district judge complied with the court’s suggestion that he voluntarily recuse himself), since that application was accompanied by an affidavit of bias and prejudice. No such affidavit accompanied the instant application. Accordingly we hold that we do not have jurisdiction to entertain the application.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wolfson v. Honorable Edmund L. Palmieri, 396 F.2d 121 (2d Cir. 1968)
-
Kasey v. Molybdenum Corp. OF Am., 408 F.2d 16 (9th Cir. 1969)
-
United States v. Wolfson, 558 F.2d 59 (2d Cir. 1977)
Authorities Cited
- United States v. Honorable Frederick vanPelt Bryan, 393 F.2d 90 (2d Cir. 1968)