Court of Appeals for the Fifth Circuit April 17, 1967, 24334_1 (James Talcott, Inc. v. Honorable Frank M. Scarlett, Judge, United States District Court for the Southern District of Georgia, Savannah, Georgia)

PER CURIAM:

It appearing in this application for writ of mandamus that the respondent, Honorable Frank M. Scarlett, has entered an order for a new trial on a ground which was not urged by the losing party in the litigation in the trial court, but on a ground that a careful study of the record clearly indicates warranted the grant of new trial, and the grant or denial of a petition for