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SMITH v. PHILLIPS

No. 89-6056.

881 F.2d 902 (1989)

Kathleen SMITH and Gladys Smith, as Co-Personal Representatives of the Estate of Floyd Wayne Smith, Deceased, Petitioners, v. The Honorable Layn R. PHILLIPS, Respondent.

United States Court of Appeals, Tenth Circuit.

August 2, 1989.

Attorney(s) appearing for the Case

Elizabeth A. Riley of Castleberry & Kivel, Oklahoma City, Okl., for petitioners.

Layn R. Phillips, U.S. District Judge, filed a brief in response.

Before LOGAN, BRORBY and EBEL, Circuit Judges.

LOGAN, Circuit Judge.

In this mandamus action, we must decide whether, in the particular circumstances before us, a district court has the power to require that a settlement agreement be placed in the record.1

Petitioners' decedent was in custody in the Carter County, Oklahoma, jail when he died of strychnine poisoning. Petitioners filed suit against the state, county, city, and various officials alleging that decedent's civil...

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