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IN RE CEMENT ANTITRUST LITIGATION (MDL NO. 296)

No. 81-7465.

688 F.2d 1297 (1982)

In re CEMENT ANTITRUST LITIGATION (MDL NO. 296). STATE OF ARIZONA, et al., Petitioners, v. UNITED STATES DISTRICT COURT For the DISTRICT OF ARIZONA, Respondent, Kaiser Cement & Gypsum Corporation, et al., Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided October 1, 1982.

Attorney(s) appearing for the Case

Josef D. Cooper, Frederick P. Furth, San Francisco, Cal., argued, for petitioners; Kenneth R. Reed, Phoenix, Ariz., Tracy R. Kirkham, Kirk A. McKinney, Cooper, Kirkham, Hainline & McKinney, P.C., Daniel S. Mason, Matthew A. Joseph, San Francisco, Cal., Peter K. Shack, Michael R. Granen, Deputy Attys. Gen., George Deukmejian, Atty. Gen., Robert H. Philibosian, Sanford N. Gruskin, Chief Asst. Attys. Gen., Los Angeles, on brief.

David Bonderman, Washington, D.C., argued, for respondent; Jacqueline R. Denning, Richard C. Lowery, Washington, D.C., William J. Maledon, Phoenix, Ariz., on brief.

Before FERGUSON, NELSON and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge.

Plaintiffs seek a writ of mandamus directing the district court to vacate its opinion and order in which Judge Muecke granted the defendants' motion to recuse himself pursuant to 28 U.S.C. § 455(b)(4) (1976). In re Cement and Concrete Antitrust Litigation, 515 F.Supp. 1076 (D.Ariz.1981). Petitioners request that we issue the writ pursuant to our supervisory authority under the All Writs Act...

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