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CALESHU v. WANGELIN

No. 76-2074.

549 F.2d 93 (1977)

George CALESHU, Petitioner, v. Hon. H. Kenneth WANGELIN, United States District Judge for the Eastern District of Missouri, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1977.

Attorney(s) appearing for the Case

Douglas B. Brockhouse, St. Louis, Mo., for petitioner.

Myron C. Baum, Acting Asst. Atty. Gen., and Gilbert E. Andrews, Chief, App. Section, Tax Div., Dept. of Justice, Washington, D. C., for respondent.

Before LAY, WEBSTER and HENLEY, Circuit Judges.

WEBSTER, Circuit Judge.

George Caleshu petitions this Court for a writ of mandamus to compel the District Court to vacate its order of October 29, 1976, granting a change of venue to Hawaii in petitioner's tax refund suit against the United States. Petitioner contends that venue is proper only in the Eastern District of Missouri.

Petitioner brought an action under 28 U.S.C. § 1346(a)(1) and 26 U.S.C. § 7422 in the United States District Court for...

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