Cmax, Inc. v. Hall

300 F.2d 265 Petition of CMAX, INC., For a Writ of Mandamus, Peitioner, v. Honorable Peirson M. HALL, Chief Judge of the United States District Court for the Southern District of California, Central Division, Respondent. No. 17517. United States Court of Appeals Ninth Circuit. March 19, 1962. Phil Jacobson, H. J. Bischoff, Los Angeles, Cal., for petitioner. Dunlap, Holmes, Ross & Woodson, John W. Holmes, Pasadena, Cal., for respondent Drewry Photocolor Corp., real party in interest. Before BARNES, HAMLEY and DUNIWAY, Circuit Judges. HAMLEY, Circuit Judge. 1 In this mandamus proceeding, CMAX, Inc., seeks to vacate a district court order postponing the trial of petitioner's action against Drewry Photocolor Corporation. 2 CMAX is an air freight forwarder (indirect air carrier) operating under Civil Aeronautics Board authority and regulations. 1 On December 15, 1959, it instituted an action against Drewry in the United States District Court for the Southern District of California, Central Division. It was alleged in the complaint that between January, 1955 and February, 1957, CMAX had received certain shipments from Drewry, that the proper charges under plaintiff's tariffs for the…