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ARROWHEAD CO. v. THE AIMEE LYKES

No. 88, Docket 22149.

193 F.2d 83 (1951)

ARROWHEAD CO., Inc., et al. v. THE AIMEE LYKES et al.

United States Court of Appeals Second Circuit.

Decided November 28, 1951.

Attorney(s) appearing for the Case

The admiralty libel in personam was filed in the court below. The district judge, purporting to act under 28 U.S.C.A. § 1404 (a), on motion of respondent ordered the action transferred to the United States District Court for the Southern District of Alabama.

Lawrence W. McKeown, New York City, for libelants-appellants.

Terriberry, Young, Rault & Carroll, New Orleans, La., Tompkins, Boal & Tompkins, New York City (Benjamin W. Yancy, New Orleans, La., and Arthur M. Boal, New York City, of counsel), for respondents-appellees.

Before SWAN, Chief Judge, FRANK, Circuit Judge, and COXE, District Judge.

FRANK, Circuit Judge.

1. The order is not final within the meaning of 28 U.S.C. § 1291.1 Nor is it the kind of interlocutory order made appealable by 28 U.S.C. § 1292, for it does not determine the rights and liabilities of the parties.2

2. But, in appropriate circumstances, we may treat an appeal as a petition for a mandamus writ.3 Yet if no more than an "abuse...

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