U.S. Court of Appeals for the Third Circuit, 1963

Nairn v. Clary

Nairn v. Clary
U.S. Court of Appeals for the Third Circuit · Decided January 23, 1963
312 F.2d 748 (Federal Reporter, Second Series)

Nairn v. Clary

Opinion of the Court

PER CURIAM.

Upon consideration of the petition for writs of mandamus and prohibition in the above entitled case, and of the memorandum in opposition thereto, and it appearing from the allegations in the petition that the petitioners lack standing to litigate the issues raised by the petition,

. It is ORDERED that the prayer of the petitioners that this Court issue its writs of mandamus and prohibition to the respondents directing them, respectively, to vacate their orders of October 23, 1962 and January 7, 1963 be and it hereby is denied.

070rehearing

On Petition for Rehearing

Before BIGGS, Chief Judge, and KALODNER, STALEY, HASTIE and SMITH, Circuit Judges.

PER CURIAM.

Our original order denying this petition for writs of mandamus and prohibition stated that β€œthe petitioners lack standing to litigate the issues raised by the petition.”

Upon examination of the petition for rehearing and the memorandum in opposition thereto, it is apparent that this is not an appropriate case for the extraordinary relief sought. It is manifest that the district court neither exceeded its jurisdiction nor abused its discretion in entering the order challenged by the petitioners. Cf. Pennsylvania R.R. Co. v. Kirkpatrick, 203 F.2d 149 (C.A.3, 1953).

The petition for rehearing will be denied.

BIGGS, Chief Judge, dissents.

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