From Casetext: Smarter Legal Research

General Electric Company v. Kirkpatrick

United States Court of Appeals, Third Circuit
Dec 31, 1962
312 F.2d 742 (3d Cir. 1962)

Opinion

No. 14218.

Submitted November 7, 1962.

Decided December 31, 1962. Rehearing Denied January 16, 1963. Certiorari Denied March 18, 1963. See 83 S.Ct. 937.

On Petition for Writs of Mandamus and Prohibition.

Henry W. Sawyer, III, Philadelphia, Pa., for petitioners.

Harold E. Kohn, and Aaron M. Fine, Philadelphia, Pa., for respondents.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


Upon consideration of the petition by General Electric Company and Henry W. Sawyer, III, Esquire, filed in this Court November 7, 1962.

It is Ordered that the prayer of the petition that writs of prohibition and mandamus be issued to the respondent, the Honorable William H. Kirkpatrick, with respect to his order of October 19, 1962 in District Court Civil Actions Nos. 29810, 29920, 29928, 29930, 29931, 29817, 29925, 29926, 29927, 29929, 30015, 30017, 30018, 30020, 30021 and 30023 be and it hereby is denied.

BIGGS, Chief Judge, notes his dissent from the order, insofar as it denies a rule to show cause why the writs of prohibition and mandamus should not issue.


Summaries of

General Electric Company v. Kirkpatrick

United States Court of Appeals, Third Circuit
Dec 31, 1962
312 F.2d 742 (3d Cir. 1962)
Case details for

General Electric Company v. Kirkpatrick

Case Details

Full title:GENERAL ELECTRIC COMPANY and Henry W. Sawyer, 3d, Petitioners v. Honorable…

Court:United States Court of Appeals, Third Circuit

Date published: Dec 31, 1962

Citations

312 F.2d 742 (3d Cir. 1962)

Citing Cases

Diversified Indus., Inc., v. Meredith

Two tests have developed in the federal courts. The first is the "control group" test formulated in City of…

Upjohn Co. v. United States

The first case to articulate the so-called "control group test" adopted by the court below, Philadelphia v.…