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HAWAIIAN INVESTORS v. THORNDAL

No. 17792.

339 F.2d 807 (1965)

HAWAIIAN INVESTORS, Appellant, v. H. L. THORNDAL, Trustee in Bankruptcy of Petroleum Corporation of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 11, 1965.

Attorney(s) appearing for the Case

Walfrid B. Hankla, of McGee, Van Sickle & Hankla, Minot, N. D., made argument for appellant and filed brief with Bruce M. Van Sickle of McGee, Van Sickle & Hankla, Minot, N. D.

Frank F. Jestrab, of Bjella, Jestrab, Neff & Pippin, Williston, N. D., made argument for appellee and filed brief with Harry M. Pippin, of Bjella, Jestrab, Neff & Pippin, Williston, N. D.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by Hawaiian Investors from order of the District Court entered May 6, 1964, affirming upon petition for review the referee's order denying Hawaiian Investors' motion to dismiss or for change of place of hearing. The issues raised by such motion, as stated by the District Court, are:

"(a) Should the counterclaim on file be dismissed for failure to prosecute the same? "(b) Should the matter be transferred...

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