J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a Corporation

In 1960, J. Bryant Kasey and Mary-Ann Kasey, his wife (hereinafter appellants), commenced an action in the District Court to recover certain mining properties which they had sold and conveyed in 1951 to appellee Molybdenum Corporation; in addition, they sought an accounting and damages. The District Court, concluding that the claim for recovery of the property was barred by limitations [California Code of Civil Procedure § 318], entered judgment against appellants on that claim, pursuant to Rule 54, E.R.Civ.P. This court affirmed. Kasey v. Molybdenum Corp., 336 F.2d 560 (9th Cir. 1964).

During the course of proceedings in the District Court on the remaining claims, appellants moved 'for a change of venue. This motion was denied. Appellants’ purported appeal from that order was dismissed and, treated as a petition for a writ of mandamus, was denied. Kasey v. Molybdenum Corp., 408 F.2d 16 (9th Cir. 1969). When the matter then went back, the District Court, in an attempt to clarify the basis for the remaining claim and to ascertain what factual issues would be presented for trial and determination, made an order on its own motion in the nature of an order to show cause, directing…