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IN RE PUGET SOUND POWER & LIGHT CO.

No. 5057.

18 F.2d 57 (1927)

In re PUGET SOUND POWER & LIGHT CO. VON HERBERG v. CITY OF SEATTLE et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 18, 1927.

Attorney(s) appearing for the Case

James B. Howe, Edgar L. Crider, and Emory E. Hess, all of Seattle, Wash., and Garret W. McEnerney, of San Francisco, Cal., for petitioner Puget Sound Power & Light Co.

Jay C. Allen, R. P. Oldham, and D. G. Eggerman, all of Seattle, Wash., for Von Herberg.

Thomas J. L. Kennedy, Corp. Counsel, and J. Ambler Newton and A. C. Van Soelen, Asst. Corp. Counsels, all of Seattle, Wash., for city of Seattle.

Before HUNT, RUDKIN, and DIETRICH, Circuit Judges.

HUNT, Circuit Judge.

This is a petition of the Puget Sound Power & Light Company, called the Traction Company, for a writ of mandamus. The question presented is whether Judge Neterer is disqualified from trying a suit (removed from the state to the federal court) entitled "Von Herberg, Plaintiff, v. City of Seattle, a Municipal Corporation," and certain officials of the city, Defendants, and J. G. Von Herberg and Puget Sound Power & Light Company, cross-defendants...

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