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BUTLER v. JUDGE OF UNITED STATES DISTRICT COURT, ETC.

No. 9672.

116 F.2d 1013 (1941)

BUTLER v. JUDGE OF UNITED STATES DISTRICT COURT IN AND FOR NORTHERN DIST. OF CALIFORNIA, NORTHERN DIVISION.

Circuit Court of Appeals, Ninth Circuit.

January 8, 1941.

Attorney(s) appearing for the Case

G. A. Bisbee, of Los Angeles, Cal., and H. Ward Sheldon, of Nevada City, Cal., for petitioner.

Robert M. Searls and Wm. E. Colby, both of San Francisco. Cal., for respondent.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

WILBUR, Circuit Judge.

This is a petition to this court for a writ of mandamus to compel the respondent to proceed with the trial of a suit to quiet title instituted by Cooley Butler, the petitioner herein.

The respondent judge, upon application of the defendant, The Empire Star Mines Company, Ltd., hereinafter referred to as the Empire Company, stayed further proceedings in the United States District Court for the Northern District of California, hereinafter...

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