What is the test for denying a motion to overturn an order of the Court of Appeal denying the motion?
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The following excerpt is from Mitchell v. Swope, 224 F.2d 365 (9th Cir. 1955):
We hold therefore that under the rule of Burns v. Wilson, 346 U.S. 137, 73 S. Ct. 1045, 97 L.Ed. 1508, the trial court properly denied the petition and the order of that court is therefore affirmed.
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