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BURTON v. WILLIAMS

No. 71-1458.

448 F.2d 640 (1971)

BURTON SHIPYARD, INC., Petitioner, v. The Honorable David W. WILLIAMS, United States District Judge for the Central District of California, Respondent.

United States Court of Appeals, Ninth Circuit.

September 2, 1971.

Attorney(s) appearing for the Case

Bruce I. Rauch (argued), Fletcher & Rauch, Los Angeles, Cal., for petitioner.

Jack R. Ormes, Los Angeles, Cal., (argued), of Buck, Burrows & Smith, James H. Ackerman, Long Beach, Cal., Boccardo, Blum, Lull, Niland, Terflink & Bell, San Francisco, Cal., Magana, Olney, Levy & Cathcart, Bodle, Fogel, Julber & Reinhardt, Los Angeles, Cal., William T. Selby, Ventura, Cal., for real parties in interest.

Sikes, Pinney & Matthew, North Hollywood, Cal., Harlow & Chier, Century City, Cal., McCutceon, Black, Verleger & Shea, Lillick, McHose, Wheat, Adams & Charles, Los Angeles, Cal., Eckdale & Shallenberger, San Pedro, Cal., for other defendants.

Before HAMLIN, HAMLEY and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge:

Petitioner demands that we issue a writ of mandamus directed to respondent; requiring him to allow a F.R.Civ.P., Rule 12(b) (2) motion to dismiss on the ground of lack of jurisdiction over the person.

Petitioner, a Texas corporation, was the builder of the TRIPLE CROWN, a vessel which sank off the California coast in November, 1968. In the main action, pending in the Central District of California...

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