La Buy v. Howes Leather Co.

352 U.S. 249 (1957).

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Judge La Buy (P) asked the parties to an antitrust action to have a master hear the cases. P reasoned he did not have the time to hear a six-week case and wanted to refer it to a master under Rule 53(b). The parties did not respond. P entered an interlocutory order, sua sponte, and referred the cases to a master. Howes Leather Co. (D) filed for a writ of mandamus, asking the court of appeals to compel P to vacate the reference to the master. The court of appeals issued a writ of mandamus under the All Writs Act (28 U.S.C. §1651[a]). P sought certiorari to the U.S. Supreme Court, attacking the writ.