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United States Ninth Circuit


COLE v. US DIST. COURT FOR THE DIST. OF IDAHO (TCI MEDIA SERVS.), 03-73027

Mandamus relief is denied despite the clear error of the magistrate judge in summarily disqualifying petitioners' counsel. When review of a magistrate judge's decision is available as a matter of right by motion for reconsideration before a district court, the opportunity should be taken before extraordinary review by mandamus is sought.

Appellate Information

  • Argued 02/09/2004
  • Decided 05/04/2004
  • Published 05/04/2004

Judges

  • GOULD, Circuit Judge., Before:  D.W. NELSON, FISHER, and GOULD, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Marilynn J. Winters, Simoncini & Associates, San Jose, CA, for the petitioners., Gregory C. Tollefson, Stoel Rives LLP, Boise, ID, for the real parties in interest.

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