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IN RE PEREGOY

No. 89-5732.

885 F.2d 349 (1989)

In re B.L. PEREGOY, Robert H. Carr, Douglas C. Peregoy, and Barbara Ann Peregoy, Petitioners.

United States Court of Appeals, Sixth Circuit.

Decided September 22, 1989.

Attorney(s) appearing for the Case

Max E. Wilson (argued), Wilson, Wilson & Cupp, Mountain City, Tenn., for petitioners.

William C. Bovender, Hunter, Smith & Davis, Kingsport, Tenn., Michael V. Powell (argued), Locke, Purnell, Rain & Harrell, Dallas, Tex., for Phillips Petroleum Co., et al.

Robert D. Van de Vuurst, Johnson City, Tenn., Howard E. Jarvis, Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, Tenn., Robert P. Thibault, Brian S. West, Houston, Tex., for Texaco Inc.

Before GUY, BOGGS, and NORRIS, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

Pursuant to the provisions of 28 U.S.C. § 1651 and Fed.R.App.P. 21, petitioners seek a writ of mandamus to compel the Honorable Thomas G. Hull, United States District Judge for the Eastern District of Tennessee, to set aside an order of transfer entered on May 18, 1989, pursuant to 28 U.S.C. § 1406(a).1 "The remedy of mandamus is a drastic one, to be invoked only in extraordinary situations....

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