# John Cunningham v. Martin F. O'donoghue, Chairman of the Board of Monitors, and Lawrence T. Smith, as Monitor

> Court of Appeals for the D.C. Circuit · April 14, 1960 · 278 F.2d 274

URL: https://www.frixlaw.com/law-library/cases/250929

## Case

- **Full name:** John CUNNINGHAM, Appellant, v. Martin F. O’DONOGHUE, Chairman of the Board of Monitors, and Lawrence T. Smith, as Monitor, Appellees
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** April 14, 1960
- **Citations:** 278 F.2d 274; 107 U.S. App. D.C. 394; 45 L.R.R.M. (BNA) 3157; 1960 U.S. App. LEXIS 4860
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Edgerton, Fahy, Miller, Per Curiam, Wilbur
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/250929

## Opinion text

PER CURIAM.
The appeal is from an order of the District Court denying the motion filed there by appellant to remove Martin F. O’Donoghue as Chairman of the Board of Monitors and Lawrence T. Smith as a Monitor. Upon consideration of the record made in the District Court we are of the view that the claim of conflict of interests, made the basis for the motion, did not require the court as matter of law to hold that either Mr. O’Donoghue or Mr. Smith was disqualified to act under the court’s appointment, and we are also of the view that the District Court did not abuse its discretion in denying the motion. Cf. English v. Cunningham, 106 U.S.App.D.C. 70 , 269 F.2d 517, 526 .
Affirmed

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/250929. Public record. Not legal advice.