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LEE v. BLUMENTHAL

No. 76-2243.

588 F.2d 1281 (1979)

Russel V. LEE, Trustee under Declaration of Trust dated March 19, 1970, Plaintiff-Appellee, v. W. Michael BLUMENTHAL, Secretary of the Treasury, and the United States, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 3, 1979.

Attorney(s) appearing for the Case

Michael L. Paup, Washington, D. C., for defendant-appellant.

James D. Palmer, Jr., Palo Alto, Cal., for plaintiff-appellee.

Before MERRILL and TANG, Circuit Judges, and TAYLOR, District Judge.

TANG, Circuit Judge:

The plaintiff filed an action under 28 U.S.C. § 1361, seeking a writ of mandamus to compel the Secretary of the Treasury to redeem certain bonds. The district court issued the writ. We reverse and remand to the district court with directions to dismiss or transfer to the Court of Claims.

The facts are undisputed. In 1970 the plaintiff and his wife created a revocable inter vivos trust, and transferred to the

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