Byram Concretanks, Inc. v. Honorable Thomas F. Meaney

BYRAM CONCRETANKS, INC., Petitioner v. Honorable Thomas F. MEANEY, Respondent

Byram Concretanks, Inc. v. Meaney, 286 F.2d 170 (3d Cir. 1961)

Court: Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided: January 19, 1961
Docket: No. 13483
Judges: Forman, Goodrich, McLAUGHLIN, Per Curiam
Citations: 286 F.2d 1704 Fed. R. Serv. 2d 5821961 U.S. App. LEXIS 5522

Opinion — Per Curiam

PER CURIAM.

This is an action for mandamus brought against one of the district *171 judges for the District of New Jersey. The allegation complains that the district judge unduly restricted the applicant in his interrogatories in a pending litigation and that he acted contrary to what one of his fellow judges had ordered on the same point. We think that this is not a proper case for mandamus. TCF Film Corp. v. Gourley, 3 Cir., 1957, 240 F.2d 711 . This Court has said many times that mandamus is not to be taken as a substitute for appeal. E. g., Green v. Murphy, 3 Cir., 1958, 259 F.2d 591 . The district judge was acting in a ease which was before him and the action he took was within his authority. If he was wrong the error can be corrected on appeal. The petition will be denied.

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Cited by 3 cases

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Relies on it most ⓘ

John J. Donnelly v. Honorable Barrington D. Parker486 F.2d 402 (D.C. Cir. 1973)
Duncan v. Honorable Theis613 F.2d 305 (Temp. Emerg. Ct. App. 1979)
Byram Concretanks, Inc. v. Warren Concrete Products Co. Of N. J.323 F.2d 994 (3d Cir. 1963)

Most recent

Duncan v. Honorable Theis613 F.2d 305 (Temp. Emerg. Ct. App. 1979)
John J. Donnelly v. Honorable Barrington D. Parker486 F.2d 402 (D.C. Cir. 1973)
Byram Concretanks, Inc. v. Warren Concrete Products Co. Of N. J.323 F.2d 994 (3d Cir. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Green v. Murphy, 259 F.2d 591 (3d Cir. 1958)	61
	Tcf Film Corp. v. Gourley, 240 F.2d 711 (3d Cir. 1957)	42

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