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Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (1953)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (1953)
Bankers Life & Cas. Co. v. Holland No. 16 Argued October 12-13, 1953 Decided November 30, 1953 346 U.S. 379
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
In the circumstances of this case, mandamus against a federal district judge was not an appropriate remedy to vacate a severance and transfer order entered by him under 28 U.S.C. § 1406(a) on the ground of improper venue. Pp. 379-385.
(a) The supplementary review power conferred on federal courts by the All Writs Act is meant to be used only in exceptional cases where there is a clear abuse of discretion or usurpation of judicial power, and this is not such a case. Pp. 382-383.
(b) Use of the writ of mandamus was not appropriate in this case to prevent alleged inconvenience and hardship occasioned by an appeal’s being delayed until after final judgment. Pp. 383-384.
(c) Petitioner has not met the burden of showing that its right to issuance of the writ is "clear and indisputable." P. 384.
199 F.2d 593 affirmed.
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Chicago:
U.S. Supreme Court, "Syllabus," Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (1953) in 346 U.S. 379 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=QURWB5T7PU3IA1S.
MLA:
U.S. Supreme Court. "Syllabus." Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (1953), in 346 U.S. 379, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=QURWB5T7PU3IA1S.
Harvard:
U.S. Supreme Court, 'Syllabus' in Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (1953). cited in 1953, 346 U.S. 379. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=QURWB5T7PU3IA1S.
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