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MERRIAM v. UNITED STATES DISTRICT COURT

No. 6869.

61 F.2d 110 (1932)

MERRIAM v. UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA.

Circuit Court of Appeals, Ninth Circuit.

September 7, 1932.

Attorney(s) appearing for the Case

Charles C. Montgomery, of Los Angeles, Cal., and Jay D. Rinehart, of Pasadena, Cal., for petitioner.

Moore & Shimmel, of Phœnix, Ariz., for respondent.

Kirke T. Moore and Otto E. Myrland, both of Tucson, Ariz., amicus curiæ.

Before WILBUR, Circuit Judge, and JAMES and NORCROSS, District Judges.

WILBUR, Circuit Judge.

Petitioner seeks a writ of prohibition to prevent the trial court from entering a judgment foreshadowed by an opinion already filed in the case of Merriam, as Executor of the Will and Estate of Alice E. Day, v. Foster et al. Leave was granted to file the petition and order to show cause so issued. In response to the order to show cause, respondent filed an answer and the matter was submitted for decision on argument and briefs.

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