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CRUZ v. ABBATE

No. 86-1580.

812 F.2d 571 (1987)

Peter C. CRUZ, et al., Petitioners-Appellants, v. The Honorable Paul J. ABBATE, Respondent-Appellee, and The People of the Territory of Guam, et al., Real Parties in Interest-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1987.

Attorney(s) appearing for the Case

Howard Trapp, Agana, Guam, for petitioners-appellants.

Superior Court, Mari L. Myer, Guam, for respondent-appellee.

Before NELSON, KOZINSKI and NOONAN, Circuit Judges.

KOZINSKI, Circuit Judge.

Facts

Petitioners are defendants in four separate criminal cases pending in the Superior Court of Guam. Each petitioner moved respondent, the Presiding Judge of the Superior Court, for random assignment of his case to one of the court's seven judges (including one pro tem judge). The Guam Code of Civil Procedure does not specify a method for the assignment of cases; it merely directs the Presiding Judge to accomplish the task. Guam...

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