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In re 24 Hour Fitness USA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 21, 2008

IN RE: 24 HOUR FITNESS USA, INC., A CALIFORNIA CORPORATION DOING BUSINESS AS 24 HOUR FITNESS; SPORTS AND FITNESS CLUBS OF AMERICA, INC., A CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA, CORPORATION DOING BUSINESS AS 24 HOUR SAN FRANCISCO FITNESS.
24 HOUR FITNESS USA, INC.; ET AL., PETITIONERS,
v.
GABE BEAUPERTHUY. RESPONDENT,

D.C. No. 06-CV-0715 SC.

ORDER

Before: SCHROEDER, LEAVY and IKUTA, Circuit Judges.

Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. United States Dist. Court, 557 F.2d 650 (9th Cir. 1977). Any error in the challenged district court order is correctable on appeal. See id. at 654. Accordingly, the petition is denied.

20080721

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