Legal Opinion
Arrowhead Co., Inc. v. The Aimee Lykes
Court of Appeals for the Second Circuit
Decided November 28, 1951No. 22149_1PublishedCited by 24 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. The order is not final within the meaning of 28 U.S.C. § 1291. 1 Nor is it the kind of interlocutory order made appealable by 28 U.S.C. § 1292, for it does not determine the rights and liabilities of the parties. 2 3
2. But, in appropriate circumstances, we may treat an appeal as a petition for a mandamus writ. 3 Yet if no more than an “abuse” of discretion is involved, and the order directs a transfer, 4 we have held that we will not entertain such a petition, for it must be addressed to the court of appeals for the circuit which includes the transferee district. 5
If,…
2Cases cited9 opinions
- Ex Parte CollettSupreme Court of the United States · 1949
- Ford Motor Co. v. Ryan. Ferguson v. Ford Motor Co.Court of Appeals for the Second Circuit · 1950
- Schoenamsgruber v. Hamburg American LineSupreme Court of the United States · 1935
- United States v. National City Lines, Inc.Supreme Court of the United States · 1949
- Magnetic Engineering & Manufacturing Co. v. Dings Mfg. Co.Court of Appeals for the Second Circuit · 1950
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Village of Niles v. SzczesnyIllinois Supreme Court · 1958
- Goldlawr, Inc. v. Marcus Heiman, Select Operating Corporation and United Booking Office, Inc., and Milton Shubert, William Klein and Sylvia W. GoldeCourt of Appeals for the Second Circuit · 1961
- Torres v. WalshCourt of Appeals for the Second Circuit · 1955
- Anthony v. KaufmanCourt of Appeals for the Second Circuit · 1952
- Fed. Sec. L. Rep. P 97,225 William Elster v. Thomas W. AlexanderCourt of Appeals for the Fifth Circuit · 1979
19 more not listed; retrieve them via the Exa API.