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UNITED STATES v. CITY OF WEST PALM BEACH

No. 8299.

94 F.2d 320 (1938)

UNITED STATES ex rel. JONES v. CITY OF WEST PALM BEACH et al.

Circuit Court of Appeals, Fifth Circuit.

January 27, 1938.

Attorney(s) appearing for the Case

L. O. Casey, Miller Walton, and Frank O. Spain, all of Miami, Fla., and J. Velma Keen, of Tallahassee, Fla., for appellant.

Paul W. Potter, of West Palm Beach, Fla., for appellees.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The appellant moved for an alias peremptory writ of mandamus, and also for an order to show cause why the respondents should not be adjudged in contempt. The District Court sustained a demurrer to the first motion and overruled the second. The facts being undisputed, the question is whether the process prayed for should have been granted.

On October 16, 1935, a peremptory writ of mandamus was issued by the court below commanding appellees...

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