John Hessin Clarke

“ Whether or not the prior decree of the Circuit Court of Appeals for the Sixth Circuit entitled the petitioner to a decision in its favor on the 'motion for a decision on the merits' filed in the later case in the Second circuit.
(4) Whether or not an unsuccessful defendant in a suit in one circuit, in which his product has been adjudged unlawful, is to be permitted to relitigate the same issues with respect to the same product by assuming the defense of a subsequent suit in another circuit against one of his customers. ”

“ Mandamus is an extraordinary remedy, to be resorted to for the purpose of securing judicial action, not for determining in advance what that action shall be. In re Rice, 155 U.S. 396, 15 Sup. Ct. 149, 39 L. Ed. ”