where jurisdiction is alleged pursuant to the mandamus statute, the fact that the existence of a duty on the part of the defendant only becomes clear after consideration of the merits of the case does not deprive the court of mandamus jurisdiction; any other approach would lead to an “oddly circular result.” Id. at 157
How later courts described this case
- where jurisdiction is alleged pursuant to the mandamus statute, the fact that the existence of a duty on the part of the defendant only becomes clear after consideration of the merits of the case does not deprive the court of mandamus jurisdiction; any other approach would lead to an “oddly circular result.” Id. at 157
- No. 75-182, Equal Employment Opportunity Commission v. Jersey Central Power & Light Co.
- interpretation rested only "on the literal words of the (contract)."
- reaffirming pri- or decision on jurisdictional issue
Written by the judges who cited it.
The opinion
Appeal from Ct. App. Cal., 1st App. Dist., dismissed for want of substantial federal question.
Mr. Justice Brennan and *987 Mr. Justice White would note probable jurisdiction and set case for oral argument.