In Re: International Union of Operating Engineers, Local 18
In Re: International Union of Operating Engineers, Local 18
Opinion
755 F.2d 932
Unpublished Disposition
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IN RE: INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18.
NO. 84-3953
United States Court of Appeals, Sixth Circuit.
1/25/85
ORDER
BEFORE: MERRITT, WELLFORD, and MILBURN, Circuit Judges.
This matter is before the Court upon consideration of petitioner's petition for a writ of prohibition. Petitioner requests this Court to prohibit the district court from conducting any further proceeding on a motion filed by respondent Schimman to alter or amend an order vacating an award of attorney's fees. Schimman filed a response.
A petition for a writ of mandamus or prohibition cannot be used as a substitute for an appeal. Will v. United States, 389 U.S. 90 (1967); Bankers Life & Casualty Co. v. Holland, 346 U.S. 379 (1953); National City Bank v. Battisti, 581 F.2d 565 (6th Cir. 1977). Petitioner is attempting to achieve by a writ of prohibition what may be resolved in a later appeal once the district court rules on the motion to alter or amend.
It is ORDERED that the petition for a writ of prohibition is denied.
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