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PETITION OF BUSCAGLIA

Circuit Court of Appeals, First Circuit (1944) | 145 F.2d 428

4 min read

TL;DR: A federal appellate court declined to immediately issue a writ against a territorial court that had violated its stay order, reasoning that the territorial supreme court should first be given the opportunity to correct its lower court's error and protect the federal court's jurisdiction.

Legal Significance: Establishes that a federal appellate court's stay order remains in effect until its mandate issues, not upon the rendering of its opinion. It also illustrates judicial comity, where a federal court may defer issuing extraordinary writs to allow local courts to correct jurisdictional errors.

Justice is truth in action.

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