In the Matter of United Shoe MacHinery Corporation, Movant

ALDRICH, Circuit Judge.

We have before us a motion for leave to file a petition for a writ of mandamus under the all-writs statute, 28 U.S.C. § 1651, to compel a district judge to recognize an affidavit of prejudice and disqualify himself prior to trial. We have always construed this statute guardedly. In re Chappell & Co., 1 Cir., 1953, 201 F.2d 343; In re Sylvania Electric Products, Inc., 1 Cir., 1955, 220 F.2d 423. In other circuits it has been held inapplicable to just such a situation as this, Korer v. Hoffman, 7 Cir., 1954, 212 F.2d 211, 45 A.L.R.2d 930; Green v. Murphy, 3 Cir., 1958,…