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MINNESOTA & ONTARIO PAPER CO. v. MOLYNEAUX

No. 381.

70 F.2d 545 (1934)

MINNESOTA & ONTARIO PAPER CO. et al. v. MOLYNEAUX, District Judge.

Circuit Court of Appeals, Eighth Circuit.

March 17, 1934.

Attorney(s) appearing for the Case

Mortimer H. Boutelle, of Minneapolis, Minn. (A. H. David, John H. Hougen, John C. Holten, Tom Davis, and Ernest A. Michel, all of Minneapolis, Minn., on the brief), for petitioners.

Henry C. Carlson and John B. Faegre, both of Minneapolis, Minn. (Cobb, Hoke, Benson, Krause & Faegre and Fowler, Carlson, Furber & Johnson, all of Minneapolis, Minn., on the brief), for respondent.

Before STONE, GARDNER, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

This is an application for a writ of mandamus or (alternatively) of prohibition against Judge Molyneaux, of the District of Minnesota. The basis of the application is that a disqualifying affidavit was filed by petitioners against the Judge in Wirt Wilson & Company v. Minnesota and Ontario Paper Company, pending before him, and that the judge erroneously held such insufficient and is proceeding to exercise jurisdiction therein.

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