The opinion
ORDER.
On receipt and consideration of a motion to dismiss an appeal and on consideration of the briefs filed therein; and
Finding in the record no abuse of discretion on the part of the District Judge whose order of refusal is sought to be appealed 1 and no clear legal ground for issuance of a writ of mandamus if appellant’s appeal should be considered to be such, Ex Parte American Steel Barrel Co., 230 U.S. 35, 45 , 33 S.Ct. 1007 , 57 L.Ed. 1379 (1913),
The appeal is hereby dismissed; or alternatively, said petition for writ of mandamus is hereby denied.
. We recognize that this court has held that a District Judge’s denial of a motion to disqualify under 28 U.S.C. § 144 (1970), is not a final and appealable order. Collier v. Picard, 237 F.2d 234 (6th Cir. 1956); Albert v. District Court, 283 F.2d 61 (6th Cir. 1960). We do not, however, feel that these cases necessarily control a District Judge’s grant of a motion to disqualify in a case wherein he has already entered a decree in equity, which decree he has a continuing responsibility to administer, along with a substantial background of experience.