Opinion · Court of Appeals for the Second Circuit

Wolfson v. Palmieri

394 F.2d 7

Type: Opinion
Court: Court of Appeals for the Second Circuit
Jurisdiction: Federal
Date: 1968-05-02
Topic: general

How later courts describe this case

motion dismissed for lack of jurisdiction

Citator

UpLaw has not yet analyzed Wolfson v. Palmieri. The absence of a flag is not a finding that it is good law.

Cited by: 5 opinions

WOLFSON v. PALMIERI,394 F.2d 7(2nd Cir. 1968)

Louis E. WOLFSON and Elkin B. Gerbert, Petitioners, v. Honorable Edmund L.

PALMIERI, United States District Judge for the Southern District of New

York, Respondent.

Docket 32305.

United States Court of Appeals, Second Circuit.

Argued May 1, 1968.

Decided May 2, 1968.

William O. Bittman, Austin S. Mittler, Hogan Hartson, Edgar H. Brenner, Arnold Porter, Washington, D.C., Chester Bedell, Bedell, Bedell, Dittmar Smith, Jacksonville, Fla., for defendants-appellants, Wolfson and Gerbert.

Paul R. Grand, Asst. U.S. Atty., Robert M. Morgenthau, U.S. Atty., for appellee, United States.

Before WATERMAN, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM:

A petition for a writ of mandamus and/or prohibition having been filed herein by counsel for the petitioners and argument having been had thereon,

Upon consideration thereof, it is

Ordered that said petition be and it hereby is dismissed for lack of jurisdiction.

In United States v. Simon, 2 Cir.,393 F.2d 90, cited as a precedent for the relief sought here, the court had the power to issue a writ of mandamus (although it never became necessary for the court to do so because the district judge complied with the court's suggestion that he voluntarily recuse himself), since that application was accompanied by an affidavit of bias and prejudice. No such affidavit accompanied the instant application. Accordingly we hold that we do not have jurisdiction to entertain the application.Page 8