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ST. OF ARIZ. v. U.S. DIST. CT. FOR DIST. OF ARIZ.

No. 81-7465.

709 F.2d 521 (1983)

STATE OF ARIZONA, et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF ARIZONA, Respondent, and Kaiser Cement and Gypsum Corporation, et al., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

June 23, 1983.

Attorney(s) appearing for the Case

Josef D. Cooper, Frederick P. Furth, San Francisco, Cal., argued, for petitioners; Kenneth R. Reed, Phoenix, Ariz., Tracy R. Kirkham, Kirk A. McKinney, Cooper, Kirkham, Hainline & McKinney, P.C., Daniel S. Mason, Matthew A. Joseph, San Francisco, Cal., Peter K. Shack, Michael R. Granen, Deputy Attys. Gen., George Deukmejian, Atty. Gen., Robert H. Philibosian, Sanford N. Gruskin, Chief Asst. Attys. Gen., Los Angeles, Cal., on brief.

David Bonderman, Washington, D.C., argued, for respondent; Jacqueline R. Denning, Richard C. Lowery, Washington, D.C., William J. Maledon, Phoenix, Ariz., on brief.

Before FERGUSON, NELSON and REINHARDT, Circuit Judges.

SUPPLEMENTAL OPINION

PER CURIAM.

This case presents the question whether the real parties in interest in a mandamus proceeding are entitled to an order assessing costs against the petitioners following the denial of the petition for a writ of mandamus. We conclude that costs may be assessed in favor of the actual respondents/real parties in interest.

Petitioners, State of Arizona, et al. (Arizona) sought review of the district judge's order granting...

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