PETROWSKI v. NUTT

No. 11221.

161 F.2d 938 (1947)

PETROWSKI v. NUTT, Commanding Officer, Hickam Field.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 19, 1947.


Attorney(s) appearing for the Case

Joseph P. Petrowski, in pro. per.

Ray J. O'Brien, U. S. Atty., and Edward Towse, Asst. U. S. Atty., both of Honolulu, T. H., and Frank J. Hennessy, U. S. Atty., and Robert B. McMillan, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, STEPHENS and BONE, Circuit Judges.


BONE, Circuit Judge.

The material question, decisive of the issue here presented, is whether the United States District Court for the Territory of Hawaii had jurisdiction of the cause, the proceedings being in the nature of an original petition in mandamus. Defendant (appellee) interposed a motion in the lower court to dismiss appellant's complaint, one of the grounds thereof being that the court did not have jurisdiction to entertain the petition, and after hearing...

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