BREED v. UNITED STATES DIST. CT. FOR N. D. OF CAL.

No. 75-1820.

542 F.2d 1114 (1976)

Allan F. BREED et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, Lionel TAYLOR and Henry Parker, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

September 29, 1976.


Attorney(s) appearing for the Case

Gloria F. DeHart, Deputy Atty. Gen. (argued), San Francisco, Cal., for petitioners.

Peter B. Sandmann (argued), San Francisco, Cal., for respondent.

Before DUNIWAY and SNEED, Circuit Judges, and PLUMMER, District Judge.


DUNIWAY, Circuit Judge:

Petitioners, defendants in the trial court, seek a writ of mandamus or prohibition under the All Writs Act, 28 U.S.C. § 1651, directing a three-judge district court to vacate its order compelling discovery. We postponed submission pending decision by the Supreme Court in Kerr v. United States District Court, 9 Cir., 1975, 511 F.2d 192, affirmed, 1976, 426 U.S. 394...

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