Pioche Mines Consolidated, Inc. v. Foley

410 F.2d 742 PIOCHE MINES CONSOLIDATED, INC., and Ely Valley Mines, Inc., Petitioners, v. The Honorable Roger T. FOLEY, Judge of the United States District Court for the District of Nevada, Respondent. No. 22700. United States Court of Appeals Ninth Circuit. April 28, 1969. Thomas L. Steffen (argued), of Johnson & Steffen, Las Vegas, Nev., for petitioner. Samuel C. Shenk (argued), San Francisco, Cal., Singleton, Delanoy, Jemison & Reid, Las Vegas, Nev., for respondent. Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges. DUNIWAY, Circuit Judge: 1 Pioche Mines Consolidated, Inc. and Ely Valley Mines, Inc. petition this court for a writ of mandamus directing the District Judge to order the immediate return of their properties and records now held by the receiver appointed by the court. 2 On August 3, 1964, in Pioche Mines Consolidated, Inc. v. Dolman, 9 Cir., 333 F.2d 257 , we held (p. 273): 3 "The orders appointing the receiver, and the portion of the judgment that continues the appointment, must be reversed. The receiver must be required to account and to deliver the properties of the respective corporations to them, and be then discharged." 4 We remanded the case with…