# Michael F. Armstrong v. Clovis McAlpin

> Court of Appeals for the Second Circuit · June 20, 1980 · 625 F.2d 433

URL: https://www.frixlaw.com/law-library/cases/9466871

## Case

- **Full name:** Michael F. ARMSTRONG, Et Al., Plaintiffs-Appellees, v. Clovis McALPIN, Et Al., Defendants-Appellants
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** June 20, 1980
- **Citations:** 625 F.2d 433; 51 A.L.R. Fed. 646; 1980 U.S. App. LEXIS 16419
- **Precedential status:** Published
- **Opinion:** Concurring in part by Meskill
- **Judges:** Mulligan, Meskill, Van Graafeiland, Newman, Kaufman, Feinberg, Mansfield, Oakes, Timbers
- **Cited by:** 206 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated on other grounds by McAlpin v. Armstrong, 449 U.S. 1106 (1981).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466871

## How later opinions describe it (automated extraction)

- stating that “we continue to believe that possible ethical conflicts surfacing during a litigation are generally better addressed by the comprehensive disciplinary machinery of the state and federal bar”
- noting that “Code’s Disciplinary Rules were drafted for use in disciplinary proceedings and were not intended [by the drafters] to be used as rules governing disqualification motions,” although such Rules provide guidance in deciding whether attorney’s participation will taint…
- recognizing appellate jurisdiction over orders granting disqualification motions in civil cases

## Opinion text

MESKILL, Circuit Judge
(concurring in part and dissenting in part):
I concur in that part of the majority opinion which holds that no attorney disqualification was required, but dissent from the overruling of Silver Chrysler and concur in Judge Mulligan’s separate opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466871. Public record. Not legal advice.