APUSENTO GARDEN (GUAM) v. SUPERIOR COURT OF GUAM

No. 93-17296.

94 F.3d 1346 (1996)

APUSENTO GARDEN (GUAM) INC., formerly known as Taiyo Development (Guam) Inc., Plaintiff-Appellant, v. SUPERIOR COURT OF GUAM, Respondent, and Inland Builders Corporation, Real-party-in-interest-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1996.


Attorney(s) appearing for the Case

Kevin M. Fong, Pillsbury Madison & Sutro, San Francisco, California, Thomas C. Sterling, Klemm, Blair, Sterling & Johnson, Agana, Guam, for plaintiff-appellant.

Garry W. Morse, Carlsmith Ball Wichman Case & Ichiki, Agana, Guam, for defendant-appellee.

Before: HUG, Chief Judge, and THOMPSON, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

In resolving this appeal from an arbitration award, we must examine the mandamus jurisdiction of the federal district court over the Superior Court of the Territory of Guam.

I

Apusento Garden (Guam) Inc. ("Apusento Garden") appeals the denial of its petition for a writ of mandamus by the Appellate Division of the United States District Court for the District of Guam (the "appellate division"). Apusento Garden petitioned...

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