SMITH ENGINEERING CO. v. PRAY

No. 6821.

58 F.2d 926 (1932)

SMITH ENGINEERING CO. (PENNSYLVANIA) et al. v. PRAY, District Judge, et al.

Circuit Court of Appeals, Ninth Circuit.

May 31, 1932.


Attorney(s) appearing for the Case

Wood & Cooke and Sterling M. Wood, all of Billings, Mont., for petitioners.

Gunn, Rasch, Hall & Gunn, of Helena, Mont., for respondents.

Before WILBUR and SAWTELLE, Circuit Judges.


WILBUR, Circuit Judge.

The petitioners seek a writ of mandamus directed to the respondent to compel the trial, as at common law before a jury, of the legal issues in certain consolidated cases growing out of a building contract, claiming that the order of the respondent for the trial of these consolidated cases and reference of such cases to a master to take evidence upon all the issues therein in effect deprives petitioners of their constitutional right to a trial...

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