Opinion

Robert W. Kelley v. The Metropolitan County Board of Education of Nashville and Davidson County, Tennessee

  • 479 F.2d 810
  • 1973 U.S. App. LEXIS 9575
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 6, 1973
Status
Published
On the bench
McCree, Edwards, Celebrezze
Cited by
18 cases
Authority
More cited than 93.3%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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