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STATE OF WASHINGTON v. PACIFIC TELEPHONE & TELEGRAPH CO.

No. 413.

1 F.2d 327 (1924)

STATE OF WASHINGTON ex rel. CITY OF SEATTLE v. PACIFIC TELEPHONE & TELEGRAPH CO. et al.

District Court, W. D. Washington, N. D.

On Motion for Rehearing on Motion to Remand, October 20, 1924.

Attorney(s) appearing for the Case

Thomas J. L. Kennedy, Corp. Counsel, and Walter B. Beals and George A. Meagher, Asst. Corp. Counsel, all of Seattle, Wash., for plaintiff.

Chadwick, McMicken, Ramsey & Rupp, of Seattle, Wash., Post, Russell & Higgins, of Spokane, Wash., Pillsbury, Madison & Sutro, of San Francisco, Cal., for defendants.

NETERER, District Judge (after stating the facts as above).

Mandamus is a high prerogative writ. 3 Bla. Com. 110; Marbury v. Madison, 1 Cranch, 137, 2 L. Ed. 60. It is an extraordinary remedy, where the usual and ordinary modes of procedure are powerless, and where without its aid there would be a failure of justice. Virginia T. & C. S. & I. Co. v. Wilder, 88 Va. 942, 14 S. E. 806. It has been termed a "criminal process relative to civil rights." Lord Mansfield...

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