but it was brought up by the president in their petition for mandamu surk mandam mandamus. it raises the same questions that were raised in the matter. >> you notice the appeal from judge sirica's order was the first step taken to get to the court of appeals. >> while that was tending i gather the president's petition for mandamus was written the last step was that you filed a competition to bypass. >> right sir. >> that competition to bypass i gather to whatever case was pending in the court of appeals. >> that's correct sir. >> at that time the case pending was both the appeals from the judge and the president's competition. >> correct. >> you feel they are not two cases. >> no, sir. they raise the same questions. >> you could bring each up separately if you so chose. >> could have. yes, sir. >> seems to me they are two cases. >> but in as much as they present the same questions, it occurred to us that was appropriate to rely upon the jurisdiction as to both of them. >> i would suggest again that with respect to the mandamus action one of the parties isn't here in court r