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PADOVANI v. BRUCHHAUSEN

No. 27019.

293 F.2d 546 (1961)

Amerigo PADOVANI, Petitioner, v. Honorable Walter BRUCHHAUSEN, Respondent.

United States Court of Appeals Second Circuit.

Decided July 31, 1961.

Attorney(s) appearing for the Case

Elmer Fried, New York City (Alfred S. Julien, New York City, on the brief), for petitioner.

Emile Z. Berman, New York City (Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, Frederick P. Haas, Howard Lester, and Donald J. Cohn, New York City, on the brief), in opposition.

Before CLARK and SMITH, Circuit Judges, and DAWSON, District Judge.

CLARK, Circuit Judge.

This is a petition for a writ of mandamus directing Chief Judge Bruchhausen to vacate, reverse, or modify an order of preclusion he has made against the introduction of certain testimony or reliance on certain theories of law in the trial of an action brought by the present petitioner and now pending in the district court. The action is one for negligence and breach of warranty against Liggett & Myers Tobacco Company, wherein the plaintiff...

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