Cinerama, Inc. v. United States District Court For The District Of Hawaii

436 F.2d 977 CINERAMA, INC., Cinerama Hawaii Hotels, Inc., and Panorama Services, Inc. (Defendants in Civil No. 70-3160), Petitioners, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF HAWAII and the Honorable Martin Pence, United States District Judge for the District of Hawaii, Respondents, McNeil Construction Co., Real Party in Interest. No. 26610. United States Court of Appeals, Ninth Circuit. Feb. 10, 1971. Harry B. Swerdlow, of Swerdlow, Glikbarg & Shimer, Beverly Hills, Cal., Frank D. Padgett, of Padgett, Greeley, Marumoto & Akinaka, Honolulu, Hawaii, for petitioners. A. James Wriston, Jr., of Ashoford & Wriston, Honolulu, Hawaii, for real party in interest. ORDER DENYING PETITION FOR WRIT OF MANDAMUS Before DUNIWAY and WRIGHT, Circuit Judges: 1 The court has considered the Petition for Writ of Mandamus, the response thereto by the real party in interest, and has heard oral argument. It is ordered that the Petition is denied. ELY, Circuit Judge (dissenting): 2 The petitioner attacks a certain prejudgment garnishment procedure prescribed by a statute of the State of Hawaii. Hawaii Rev.Stat. 652-1 (as amended 1970). The claim is that the procedure is…