Parker

Petitioners seek a writ of mandamus to compel the respondent judge to make findings of fact and conclusions of law in the ease of George D. Parker and Charles E. Evans, Plaintiffs, v. A. Fox, Defendant, and Eby Machinery Company, Intervener, 53 F.(2d) 706 being equity case No. 2401-S, as required by Equity Rule No. 70% (28 USCA § 723) recently adopted by the Supreme Court. It is alleged in the petition that after final hearing the respondent rendered his decision holding the patent involved to be valid but not infringed. It is alleged that respondent filed a memorandum order directing a finding of fact and conclusion of law to be entered in accordance with the memorandum opinion; it is alleged that each .party filed with the respondent their proposed findings of faet and conclusions of law, that a hearing was had by the respondent to settle the findings of fact and conclusions of law, but the respondent refused to follow Equity Rule No. 70% and refused and failed to make any findings of fact as required by said rule, and “signed and filed the purported findings of fact and conclusions of law proposed by defendant and intervener.” A rule to show cause was made, and upon the hearing…