Court of Appeals for the Third Circuit February 24, 1972, 71-1998 (United States v. Michael Newman, Honorable Edward Dumbauld, Nominal)

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This ease is before the court on Petition For A Writ of Mandamus to compel the district court to vacate an order granting a new trial in a criminal case on the basis that this order was entered not for reasons in defendant’s timely New Trial Motion but on grounds raised by the district court months after such motion, and Answer to such Petition.