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WILLIAMS v. MAXWELL

No. 12228.

396 F.2d 143 (1968)

J. Evert WILLIAMS, aka J. Everett Williams, and Virginia C. Williams, Petitioners, v. Honorable Robert E. MAXWELL, Judge for the Northern District of West Virginia, Henry K. Higginbotham, Special Master, acting in the matter styled "J. C. Trembly, in his own right and as Administrator of the Estate of Anna B. Trembly, Deceased, parties plaintiff v. J. Evert Williams, et al" in Civil Action No. 605-E, Respondents.

United States Court of Appeals Fourth Circuit.

Decided May 27, 1968.

Attorney(s) appearing for the Case

Brooks E. Smith, Kingwood, W. Va., Dailey, Halbritter & Smith, Kingwood, W. Va., for petitioners.

Charles V. Wehner, Kingwood, W. Va., and George W. May, Fairmont, W. Va., for respondents.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BUTZNER, Circuit Judges.

PER CURIAM:

J. Evert Williams, invoking the original jurisdiction of this court, complains that Robert E. Maxwell, United States District Judge for the Northern District of West Virginia, and Henry K. Higginbotham, Special Master, misconstrued an order of reference, and that the master acted beyond the scope of his authority. He seeks a writ of mandamus requiring the district judge to vacate the order of reference, the preliminary report, the order of the court adopting...

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