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SHREVE v. UNITED STATES

No. 7460.

73 F.2d 543 (1934)

SHREVE et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 9, 1934.

Attorney(s) appearing for the Case

Charles C. Crouch, of San Diego, Cal., and Leslie C. Hardy, of Tucson, Ariz., for petitioners.

Clifton Mathews, U. S. Atty., of Phœnix, Ariz.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

Daniel H. Shreve asks leave to file a petition for writ of mandamus against Albert M. Sames, United States District Judge for the District of Arizona, commanding him to rescind an order made with relation to the settlement of the bill of exceptions striking certain matters out of the petitioners' proposed bill of exceptions. The application is denied. The writ of mandamus cannot be used to control the discretion of the trial judge in settling...

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