Stern v. South Chester Tube Company

United States Supreme Court

390 U.S. 606

Stern  v.  South Chester Tube Co.

Certiorari to the United States Court of Appeals for the Third Circuit

No. 486.  Argued: March 25, 1968 --- Decided: April 22, 1968

The District Court dismissed a diversity action brought by petitioner, a stockholder of respondent, a Pennsylvania corporation, seeking an order directing respondent to permit him to inspect its records, as authorized by state statute (enforceable by compulsory state judicial order), on the ground that such an order is in the nature of a writ of mandamus and the court did not have jurisdiction under the All Writs Act to issue such order where that is the only relief sought. The Court of Appeals affirmed.

Held: Neither the All Writs Act nor any other principle of federal law bars the granting of the mandatory equitable relief sought in this case. Knapp v. Lake Shore R. Co., 197 U.S. 536 (1905), distinguished. Pp. 608-610.

378 F. 2d 205, reversed and remanded.

David Freeman argued the cause for petitioner. With him on the brief was Richard H. Wels.

Richard P. Brown, Jr., argued the cause for respondent. With him on the brief was Ralph Earle II.

Notes