Yankwich
Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 207 v. Yankwich
Opinion
Lead Opinion
Denman, J.
Petitioner, Amalgamated Meat Cutters & Butcher Workmen of North America, Local No. 207, brought an action in the District Court of the United States for the Southern District of California against Walter P. Spreckels, individually and as Regional Director of the National Labor Relations Board. Spreckels moved to dismiss the complaint. The District Court granted the motion and rendered a final judgment dismissing the complaint without leave to amend. Thereupon the petitioner applied to this court for a writ of mandaums directing the District Judge to set aside the judgment, take jurisdiction of the action and proceed to hear and determine the same.
Petitioner recognizes the general rule that mandamus cannot be used to perform the office of an appeal. In re Melekov, 9 Cir., 114 F.2d 727 , decided September 14, 1940. Petitioner claims that, though the decision to be affected thereby is appeal-able, the petition presents “special circumstances” in which the writ may be invoked within the decisions in Minnesota & Ontario Paper Co. v. Molyneaux, 8 Cir., 70 F.2d 545, 546 , Ex parte United States, 287 U.S. 241, 245-249 , 53 S.Ct. 129 , 77 L.Ed. 283 .