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AM. FID. FIRE INS. v. U. S. DIST. CT. FOR N. D. CAL.

No. 75-3096.

538 F.2d 1371 (1976)

AMERICAN FIDELITY FIRE INSURANCE COMPANY, Petitioner, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent; TRANS-BAY ENGINEERS & BUILDERS, INC., Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

June 18, 1976.

Attorney(s) appearing for the Case

Martin Quinn (argued), Pettit, Evers & Martin, San Francisco, Cal., for petitioner.

Anthony C. Piazza, Atty. (argued), of The Small Business Administration, San Francisco, Cal., for respondent.

Before BARNES, KILKENNY and WALLACE, Circuit Judges

OPINION

WALLACE, Circuit Judge:

We are confronted with a technical yet important question pertaining to whether we should issue a writ of mandamus directing a district court to vacate an order which transferred a cross-claim to the Court of Claims. We hold that we should not.

Trans-Bay Engineers & Builders, Inc. (Trans-Bay) was the prime contractor on a low-income residential housing project in Oakland, California. American Fidelity Fire Insurance...

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