# Parrish v. Board of Commissioners

> Court of Appeals for the Fifth Circuit · December 4, 1975 · 524 F.2d 98

URL: https://www.frixlaw.com/law-library/cases/8897667

## Case

- **Full name:** Alfredo G. PARRISH, etc. v. BOARD OF COMMISSIONERS OF the ALABAMA STATE BAR, etc., Defendants-Appellees ALABAMA BLACK LAWYERS ASSOCIATION v. BOARD OF COMMISSIONERS OF the ALABAMA STATE BAR, etc.
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** December 4, 1975
- **Citations:** 524 F.2d 98
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Ainsworth, Bell, Berry, Brown, Clark, Coleman, Dyer, Gee, Gewin, Godbold, Goldberg, Morgan, Roney, Simpson, Thorn, Tle, Tut, Tuttle, Wisdom
- **Cited by:** 34 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/8897667

## How later opinions describe it (automated extraction)

- holding that § 455(a) involves a “reasonable man test”

## Opinion text

JOHN R. BROWN, Chief Judge
(specially concurring):
I concur in the result and all of Judge Bell’s opinion in Parts II and III and all of the opinion in Part I except that portion which specifically adopts the test in the Third Circuit case of United States v. Thompson, 3 Cir., 1973, 483 F.2d 527 . I believe that the portion of the test in Thompson that requires a finding that “the facts ... if true would convince a reasonable man that a bias exists ” (emphasis added) can be read as requiring proof of bias in fact. I do not think that we need go this far. Under the other acceptable and frequently used test, whether a reasonable person could reasonably have a belief of bias, this affidavit is still insufficient. Therefore, I would reach the same result, but I think that we need not decide at this point which of these two possibly divergent standards we should apply.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8897667. Public record. Not legal advice.