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BLAY v. YOUNG

No. 74-1919.

509 F.2d 650 (1974)

Merl BLAY et al., Petitioners-Appellants, v. Hon. Donald (Sic) J. YOUNG, Judge U.S. District Court for the Northern District of Ohio, Western Division, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

November 19, 1974.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, for petitioners-appellants.

Harry F. Sargeant, Pros. Atty., Fremont, Ohio, Joseph Goldberg, Sol., City of Toledo, Toledo, Ohio, Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, for respondent-appellee.

Before McCREE, MILLER, and LIVELY, Circuit Judges.

PER CURIAM.

We consider a petition for mandamus to compel a single district judge to submit to a three-judge court, of which he is a member, duly constituted under 28 U.S.C. §§ 2281, 2284, a motion to dismiss and a motion to intervene. These motions were considered by a single district court member of the three-judge court at the direction of the court under 28 U.S.C. § 2284(5). This section provides:

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