United States Ex Rel. Vassel v. Durning

This is an appeal from a judgment summarily dismissing the complaint in an action for a mandamus to compel the defendant — the Collector of Customs in the Port of New York — “to initiate steps for the reinstatement” of the relator as a customs guard. The defendant moved for summary judgment dismissing the complaint, which the district judge granted after a consideration of the merits. Although the New Rules have abolished the writ of mandamus (Rule 81(b), 28 U.S.C.A. following section 723c), the same relief may be had “by appropriate action or by appropriate motion”; and we disregard the…