Opinion
No. 7603.
October 10, 1934.
Proceeding by the Standard Pipe Supply Company against the California Northern Corporation. Petition for a writ of mandamus to compel District Judge to dismiss for lack of jurisdiction an action pending before him.
Petition denied.
Matot, Stafford Downing and Kenneth E. Matot, all of Los Angeles, Cal. (Rufus C. Porter, of San Pedro, Cal., and David F. Klein, of Los Angeles, Cal., of counsel), for petitioner.
Peirson M. Hall, U.S. Atty., and Leo Silverstein, Asst. U.S. Atty., both of Los Angeles, Cal., for respondent.
Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.
Petitioner prays for writ of mandamus to compel the trial judge to dismiss the action for lack of jurisdiction, which motion was taken under advisement on February 16, 1932. It is alleged in the petition that the trial court, after having expressed the opinion that the court was without jurisdiction, proceeded to administer the affairs of the receivership and was continuing so to do without a decision upon the motion to dismiss. The petition for writ of mandamus was verified April 25, 1933, and filed in this court on August 31, 1934. It now appears that in the meantime the trial court had fully concluded the matter in the court below and had entered its final decree on December 18, 1933. Appropriate remedy in such a case is by appeal, and not by mandamus. Curtis v. Paramount Famous Lasky Corp. (C.C.A.) 38 F.2d 476; Curtis v. American Tel. Tel. Co. (C.C.A.) 38 F.2d 476; In re Atlantic City R.R., 164 U.S. 633, 17 S. Ct. 208, 41 L. Ed. 579.
The petition is denied.