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MILLERS' MUT. FIRE INS. ASS'N OF ILLINOIS v. BELL

No. 414, Original.

99 F.2d 289 (1938)

MILLERS' MUT. FIRE INS. ASS'N OF ILLINOIS et al. v. BELL, Judge.

Circuit Court of Appeals, Eighth Circuit.

November 3, 1938.

Attorney(s) appearing for the Case

Leroy Bowen, of Minneapolis, Minn. (Herbert W. Rogers and Bowen, Best, Flanagan & Rogers, all of Minneapolis, Minn., on the brief), for petitioners.

I. K. Lewis, of Duluth, Minn. (Garfield H. Rustad, of Moorhead, Minn., and Lewis, Grannis & Underhill, of Duluth, Minn., on the brief), for respondent.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

SANBORN, Circuit Judge.

This Court is asked to issue a writ of mandamus directing Judge Bell to vacate an order made by him on May 16, 1938, in the case of Warroad Potato Growers Association v. Millers' Mutual Fire Insurance Association of Illinois, et al., granting the motion of the plaintiff for a new trial and for leave to amend its complaint, and denying the motion of the defendants for judgment. The petitioners — who are the defendants below — assert...

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