Dulien Steel Products, Inc. of California v. United States District Court

Petitioners seek our mandamus to compel the United States District Court for the Southern District of California, Central Division, and the Honorable Peirson M. Hall, as Judge of such court, to comply with the mandate of this court reading:

J. B. Londono brought an action against petitioners for breach of warranty with regard to steel wire purchased by Londono from petitioners and against the Citizens National Trust & Savings Bank of Los Angeles, hereafter the Bank, for wrongful payment under a letter of credit. Judgments for Londono were reversed in this court and the case remanded for further proceedings. Citizens National Trust & Sav. Bank of Los An-geles v. Londono, 9 Cir., 204 F.2d 377 , certiorari denied 346 U.S. 866 , 74 S.Ct. 105 . Londono then moved this court to defer the taxing of costs on the appeal until the final determination of the remanded cases. The motion was denied. The costs were taxed at $14,149.64 and the above mandate issued and filed in the district court.

On November 16, 1953, petitioners moved in respondent court for an order to spread the mandate on the minutes of that court and for judgment in accordance with said mandate. This motion was taken under…