Swiderski v. Moodenbaugh

JAMES ALGER FEE, District Judge.

Since the hearing in this case on the motion to stay proceedings,1 counsel for defendant have called the attention of the court to a decision by the United States Circuit Court of Appeals for the Sixth Circuit, decided March 3, 1942, and have requested re-exami'nation. This case is entitled Dacia Royster v. Arthur F. Lederle, United States District Judge,2 128 F.2d 197.

There the Circuit Court of Appeals on mandamus proceedings refused to direct Honorable Arthur F. Lederle, United States District Judge “to vacate and set aside his order of continuance entered in…