SMITH v. PEPSICO, INC.

No. 76-1137 Civ-NCR.

434 F.Supp. 524 (1977)

Dennis SMITH, Plaintiff, v. PEPSICO, INC., Crown, Cork and Seal, Inc. and Diversey, Inc., Defendants.

United States District Court, S. D. Florida, Ft. Lauderdale Div.

July 11, 1977.


Attorney(s) appearing for the Case

Cone, Owen, Wagner, Nugent, Johnson & McKeown by Barbara J. Pariente, West Palm Beach, Fla., for plaintiff.

Walton, Lantaff, Schroeder & Carson by Richard J. Thornton, Miami, Fla., for Pepsico, Inc.

Blackwell, Walker, Gray, Powers, Flick & Hoehl by Francis A. Anania, Miami, Fla., for Crown, Cork & Seal.

Marlow, Shofi, Ortmayer, Smith & Spangler by John B. Ostrow, Miami, Fla., for Diversey, Inc.


ORDER

ROETTGER, District Judge.

Defendants have filed a joint motion for recusal based solely on the fact that plaintiff's attorney, Barbara Pariente, was a law clerk for this judge for a period of two years ending more than two years ago. Because no affidavit of bias or prejudice has been filed by the parties as required by 28 U.S.C. § 144, the court will treat this motion as having been brought pursuant...

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