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PIOCHE MINES CONSOLIDATED v. FOLEY

No. 15198.

237 F.2d 164 (1956)

PIOCHE MINES CONSOLIDATED, Inc., Pioche Mines Company and John Janney, Petitioners, v. Hon. Roger T. FOLEY, as Chief Judge of the United States District Court for the District of Nevada, and the United States District Court for the District of Nevada, Respondents.

United States Court of Appeals Ninth Circuit.

October 5, 1956.

Attorney(s) appearing for the Case

Bradford Bosley, San Francisco, Cal., for petitioners.

William J. Forman, Reno, Nev., Thomas B. K. Ringe, J. Tyson Stokes, Philadelphia, Pa., Woodburn, Forman, Wedge, Blakey & Thompson, Reno, Nev., Morgan, Lewis & Bockius, Philadelphia, Pa., for intervenors Fidelity-Philadelphia Trust Co.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

PER CURIAM.

Petitioners, hereafter generally referred to as Pioche, seek mandate to compel the respondent court and judge to dismiss an "amended supplemental complaint," which was filed by Fidelity (plaintiff below and intervener here) subsequent to our decisions and mandates on prior appeals in this case. The district judge refused to rule on Pioche's motion to dismiss the aforesaid amended supplemental complaint. Instead, he postponed action thereon until the time...

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