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WILMINGTON TRUST v. U.S. DIST. COURT FOR D. HAWAII

No. 90-70433.

934 F.2d 1026 (1991)

WILMINGTON TRUST and International Organization of Masters, Mates & Pilots, Petitioners, v. The UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII, Respondent, and Connecticut Bank and Trust Company, National Association Wartsila Marine Industries, Inc. and Oy Wartsila AB, Real Parties in Interest; VSE Corporation; Theodavies Marine Agencies, Inc.; Pacifico Creative Service, Inc.; the Maritime Institute of Technology and Graduate Studies; International Organization of Masters, Mates & Pilots and John F. Sokolowski; Hawaii Stevedores, Inc.; H.T. & T. Co., Inc.; McCabe Hamilton & Renny Co., Inc.; Matson Services, Inc.; American Ship Management, Inc.; Jas W. Glover, Ltd.; Cosmetics Consultants of Hawaii; Andres Suguitan; Manuela Suguitan; Leon Marvin Yarborough; Timothy C. Aspinall; Martin S. Doten; Velma M. Sullivan; Bethlehem Steel Corporation; and the Lihue Plantation Company, Limited dba Kauai Sugar Storage Company, Other Parties.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1991.

Amended May 7, 1991.

Attorney(s) appearing for the Case

John F. Keating, Hill, Betts & Nash, New York City, for petitioners.

Michael Evan Jaffe, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., for real parties in interest.

Before TANG and NOONAN, Circuit Judges, and SHUBB, District Judge.

SHUBB, District Judge:

I

PROCEDURAL AND FACTUAL BACKGROUND

Petitioners Wilmington Trust, as trustee for the International Organization of Masters, Mates and Pilots ("Union"), and the Union request this court to issue a writ of mandamus directing United States District Judge Samuel P. King to try the Union's claims before a jury. The court has jurisdiction to consider and issue the writ pursuant to 28 U.S.C. § 1651(a).1

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