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UNITED STATES DEPT. OF ENERGY v. CROCKER

No. 9-48.

629 F.2d 1341 (1980)

The UNITED STATES DEPARTMENT OF ENERGY et al., Petitioners, v. The Honorable M. D. CROCKER, Judge of the United States District Court for the Eastern District of California, Respondent.

Temporary Emergency Court of Appeals.

Decided August 8, 1980.

Attorney(s) appearing for the Case

Frank W. Krogh, Dept. of Energy, Washington, D.C., with whom John P. McKenna, Washington, D.C., was on brief, for petitioners.

Fred W. Drogula, Ginsburg, Feldman, Weil & Bress, Washington, D.C., with whom Jacob Dweck and Ira T. Kasdan, Washington, D.C., and Jack M. Tipton, Wild, Carter, Tipton, Quaschnick & Oliver, Fresno, Cal., were on brief, for Berry Holding Company.

Before CHRISTENSEN, ZIRPOLI and LACEY, Judges.

PER CURIAM.

Petitioners seek a writ of mandamus directing the Honorable M.D. Crocker, Judge of the United States District Court for the Eastern District of California, to vacate his order of December 3, 1979, in Berry Holding Co., et al. v. Department of Energy, et al., CV-78-149 (MDC), requiring petitioners, defendants therein, to produce documents to the plaintiffs (Berry), 28 U.S.C. § 1651; Fed.R.App.P. 21. The petition is granted and the writ will...

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