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FRED BENIOFF CO. v. McCULLOCH

133 F.2d 900 (1943)

FRED BENIOFF CO. v. McCULLOCH, Judge.

Circuit Court of Appeals, Ninth Circuit.

February 19, 1943.

Attorney(s) appearing for the Case

Roy C. Hackley, Jr., of San Francisco, Cal. (Hackley & Hursh, Jack E. Hursh, Jaffa & Sumski, Edward M. Jaffa, and Barnett Sumski, all of San Francisco, Cal., of counsel), for petitioner.

No other appearances were entered.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

DENMAN, Circuit Judge.

Petitioner seeks leave to file its petition for a writ of mandate ordering respondent to vacate an order for the taking of depositions of certain witnesses in New York by oral examination. The district court required, as a condition precedent to ordering the taking of the depositions by such examination, the payment by petitioner of the costs, in the amount of $1,681.14, of the travel expenses and fees of its opponent's counsel to attend and...

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