474 P.2d 76

#### Ira B. MILLER, Petitioner, v. Richard A. STANLEY, District Judge Third Judicial District, State of New Mexico, Respondent.

No. 9007.

Supreme Court of New Mexico.

Sept. 10, 1970.

COMPTON, Chief Justice, and TACK-ETT, WATSON, SISK and McKENNA, Justices, concurring.

Ordered that the alternative writ of prohibition heretofore issued herein on February 9, 1970, be and the same is hereby quashed without prejudice for the reason that jurisdiction of the cause has been accepted by the United States District Court for the District of New Mexico.