Stern v. South Chester Tube Co., 390 U.S. 606 (1968)

Stern v. South Chester Tube Co.

No. 486

Argued March 25, 1968
Decided April 22, 1968
390 U.S. 606

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

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. Kapp v. Lake Shore R. Co., 197 U.S. 536 (1905), distinguished. Pp. 608-610.

378 F.2d 205, reversed and remanded.