In re Volkswagen of America, Inc.

U.S. Court of Appeals, Fifth Circuit · Decided 2008-10-10

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KING, Circuit Judge, with whom W. EUGENE DAVIS, WIENER, BENAVIDES, CARL E. STEWART, DENNIS, and PRADO, Circuit Judges, join, dissenting: In order to grant mandamus here, the majority proceeds by plucking the standard “clear abuse of discretion” out of the narrow context provided by the Supreme Court’s mandamus precedent and then confecting a case — not the case presented to the district court — to satisfy its…

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