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1 F.R.D. 105

In re Stewart

U.S. District Court

Decided March 21, 1939

U.S. District Court · decided 1939-03-21

Relies on Phillips v. McCauley

Decided 1939-03-21

ST. SURE, District Judge.

¶1Petitioner asks leave to file in forma pauperis under the provisions of 28 U.S.C. A. § 832 an application for a writ of mandamus. The petition fails to disclose a meritorious cause of action (Phillips v. McCauley, 9 Cir., 92 F.2d 790), and besides writs of mandamus have been abolished by 81(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

¶2The application is therefore denied.

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