v3222-49

No . 175 90

IN THE

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN M. SHUBIN and PETER S. SHUBIN,

Petitioners,

vs.

THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF CALIFORNIA,

CENTRAL DIVISION; THE HONORABLE

WILLIAM M. BYRNE, Judge of the United States

District Court for the Southern District of California,

Central Division, and S. VINCEN BOWLES, INC. ,

Respondents.

REQUEST FOR

RECONSIDERATION AND REHEARING

To the Honorable, The Chief Judge and Associate Judges of

the United States Court of Appeals for the Ninth Circuit:

The petitioners in the above matter respectfully request this

Honorable Court to reconsider its decision of January 31, 1963,

after remand by the Supreme Court, upon the Shubin petition for

writ of mandamus or other relief, and to grant rehearing upon the

following grounds:

Ground 1: The Court of Appeals has twice denied the Shubins'

petition for writ of mandamus, once before the granting of certiorari

by the Supreme Court and once after. According to this Court's

own statement its consideration was directed to different subject

matter in the two decisions. According to this Court's own state-

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