# Ford Motor Co. v. Ryan. Ferguson v. Ford Motor Co.

> Court of Appeals for the Second Circuit · May 8, 1950 · 182 F.2d 329

URL: https://www.frixlaw.com/law-library/cases/9442464

## Case

- **Full name:** FORD MOTOR CO. Et Al., v. RYAN; FERGUSON Et Al. v. FORD MOTOR CO. Et Al.
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** May 8, 1950
- **Citations:** 182 F.2d 329; 1950 U.S. App. LEXIS 2791
- **Precedential status:** Published
- **Opinion:** Concurrence by Swan
- **Judges:** Hand, Swan, Frank
- **Cited by:** 248 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9442464

## Opinion text

SWAN, Circuit Judge
(concurring).
I agree with dismissal of the appeal and with denial of the petition for a writ of mandamus, but I would place denial of the petition on the ground that this court lacks power to grant it. As said by Mr. Justice Roberts in De Beers Consol. Mines v. United States, 325 U.S. 212, at 217 , 65 S.Ct. 1130, 1133 , 89 L.Ed. 1566 : “When Congress withholds interlocutory reviews, § 262 [of the Judicial Code, now incorporated in 28 U.S.C.A. § 1651 (a)] can, of course, not be availed of to correct a mere error in the exercise of conceded judicial power.” See also Ward Baking Co. v. Holtzoff, 2 Cir., 164 F.2d 34, 36 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9442464. Public record. Not legal advice.