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UNITED STATES v. METZGER

No. 10291.

133 F.2d 82 (1943)

UNITED STATES v. METZGER, Judge, et al.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing April 5, 1943.

Attorney(s) appearing for the Case

Norman M. Littell, Asst. Atty. Gen., and Vernon L. Wilkinson and Roger P. Marquis, Attys., Dept. of Justice, both of Washington, D. C., for petitioner.

Delbert E. Metzger in pro. per., of Honolulu, T. H., for respondent D. E. Metzger.

Olaf Oswald in pro. per., of Honolulu, T. H., for respondent Oswald.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

Petitioner filed its petition seeking a writ of mandamus to compel respondent Oswald, the court reporter for the United States District Court for the Territory of Hawaii, an officer1 appointed pursuant to Section 86 of the Act of April 30, 1900, 31 Stat. 158, c. 339, 48 U.S.C.A. § 644, to furnish petitioner, for purposes of an appeal here, taken from a judgment of that court in a suit in which petitioner is...

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