Allan F. Breed v. United States District Court for the Northern District of California, Lionel Taylor and Henry Parker, Real Parties in Interest

DUNIWAY, Circuit Judge:

Petitioners, defendants in the trial court, seek a writ of mandamus or prohibition under the All Writs Act, 28 U.S.C. § 1651, directing a three-judge district court to vacate its order compelling discovery. We postponed submission pending decision by the Supreme Court in Kerr v. United States District Court, 9 Cir., 1975, 511 F.2d 192, affirmed, 1976, 426 U.S. 394, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). We now submit the case and deny the petition.

I. Jurisdiction.

As a preliminary matter, we consider whether we have jurisdiction of a petition for an extraordinary writ…