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PIOCHE MINES CONSOLIDATED, INC. v. FOLEY

No. 22700.

410 F.2d 742 (1969)

PIOCHE MINES CONSOLIDATED, INC., and Ely Valley Mines, Inc., Petitioners, v. The Honorable Roger T. FOLEY, Judge of the United States District Court for the District of Nevada, Respondent.

United States Court of Appeals Ninth Circuit.

April 28, 1969.

Attorney(s) appearing for the Case

Thomas L. Steffen (argued), of Johnson & Steffen, Las Vegas, Nev., for petitioner.

Samuel C. Shenk (argued), San Francisco, Cal., Singleton, Delanoy, Jemison & Reid, Las Vegas, Nev., for respondent.

Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

Pioche Mines Consolidated, Inc. and Ely Valley Mines, Inc. petition this court for a writ of mandamus directing the District Judge to order the immediate return of their properties and records now held by the receiver appointed by the court.

On August 3, 1964, in Pioche Mines Consolidated, Inc. v. Dolman, 9 Cir., 333 F.2d 257, we held (p. 273):

"The orders appointing the receiver, and the portion...

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