CHEMICAL BANK & TRUST COMPANY v. Dimock
| Decision Date | 05 February 1954 |
| Docket Number | No. 22961.,22961. |
| Citation | 210 F.2d 376 |
| Parties | CHEMICAL BANK & TRUST COMPANY, Petitioner, v. Honorable Edward J. DIMOCK, United States District Judge, Respondent. |
| Court | U.S. Court of Appeals — Second Circuit |
Shearman & Sterling & Wright, New York City, for petitioner; John A. Wilson, New York City, of counsel.
Burlingham, Hupper & Kennedy, New York City, for Holland-American Line in support of petitioner; Harold M. Kennedy and Hervey C. Allen, Jr., New York City, of counsel.
Bennet, House & Couts, New York City, for Arnold Bernstein, plaintiff below, in opposition; Victor House, Albert I. Edelman and Werner Ilsen, New York City, of counsel.
Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.
Petitioner charges that Judge Dimock disregarded our mandate in Bernstein v. N. V. Nederlandsche-Amerikaansche Stoomvaart-Maatschappij (Chemical Bank & Trust Co.), 2 Cir., 173 F.2d 71, 75-76, but since we have amended our mandate in this case, 2 Cir., 210 F.2d 375, we find it unnecessary to pass on the validity of the petitioner's contentions or the propriety of resort to mandamus.
Petition denied.
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