Larsen v. Nordbye, Judge (Chicago & N. W. R. Co., Intervener)

This Court, on April 21, 1950, at St. Paul, Minnesota, heard this petition for a writ of mandamus or of prohibition. Counsel for the petitioner had urged upon us the necessity for a speedy hearing and decision. We heard the matter promptly, and at the close of the arguments, denied the petition upon the ground that the petitioner was not entitled to a writ.

The broad question presented was whether this Court, in a mandamus proceeding, would review an order of a District Judge denying a motion, based upon Rule 41(a) (2) of the Federal Rules of Civil Procedure for the United States District…