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STEIN v. COLLINSON

No. 74-1408.

499 F.2d 91 (1974)

Sam STEIN et al., Petitioners, v. Honorable William R. COLLINSON, United States District Judge for the Western District of Missouri, Respondent, and PARKVIEW-GEM, INC., a Delaware corporation, and Parkview-Gem of Hawaii, Inc., a Hawaii corporation, Real Parties in Interest.

United States Court of Appeals, Eighth Circuit.

July 1, 1974.

Attorney(s) appearing for the Case

Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo., filed petition for writ of prohibition or mandamus.

Robert K. Ball, Kansas City, Mo., filed answer of respondents to petition for writ of prohibition or mandamus.

Before LAY, ROSS and WEBSTER, Circuit Judges.

PER CURIAM.

ORDER

The issue presented is whether, in this case, we should prevent the District Court from asserting jurisdiction in a Chapter X reorganization proceeding over the affairs of a solvent subsidiary which is not a party to the proceeding. More specifically, we are asked to nullify by mandamus or prohibition a temporary restraining order of the District Court which effectively precludes petitioners from exercising foreclosure rights as lessor...

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