What is the scope of mandamus relief under section 1361 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from Workman v. Mitchell, 502 F.2d 1201 (9th Cir. 1974):
Defendants rely primarily upon Jarrett v. Resor, 426 F.2d 213, 216 (9th Cir. 1970), where this court stated that section 1361 'did not enlarge the generally recognized scope of mandamus relief,' and that mandamus will not lie 'unless it appears that the claim is clear and certain and the duty of the officer is ministerial and so plainly prescribed as to be free from doubt.' Defendants argue, therefore, that mandamus is not
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