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

> Court of Appeals for the Sixth Circuit · June 6, 1973 · 479 F.2d 810

URL: https://www.frixlaw.com/law-library/cases/9459558

## Case

- **Full name:** Robert W. KELLEY Et Al., Plaintiffs-Appellants, v. the METROPOLITAN COUNTY BOARD OF EDUCATION OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 6, 1973
- **Citations:** 479 F.2d 810; 1973 U.S. App. LEXIS 9575
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** McCree, Edwards, Celebrezze
- **Cited by:** 18 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/9459558

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459558. Public record. Not legal advice.