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GIEBE v. PENCE

No. 26109.

431 F.2d 942 (1970)

Charlene F. GIEBE and Gerald R. Giebe, Petitioners, v. Honorable Martin PENCE and Chester H. Brower, Respondents.

United States Court of Appeals, Ninth Circuit.

August 19, 1970.

Attorney(s) appearing for the Case

D. N. Ingman, of Honolulu, Hawaii, for petitioners.

Martin Pence, U. S. District Judge, Honolulu, Hawaii, for respondents.

James E. Duffy, of Cobb & Gould, Honolulu, Hawaii, for real party in interest.

Before HAMLEY, MERRILL and DUNIWAY, Circuit Judges.

PER CURIAM:

Proceeding under 28 U.S.C. § 144, the plaintiffs in Giebe v. Brower, Civil No. 3051 in the United States District Court for the District of Hawaii, moved in the district court to disqualify The Honorable Martin Pence, a judge of that court, from proceeding in that cause because of alleged personal bias and prejudice. The motion was supported by the affidavit of David N. Ingman, plaintiffs' attorney of record, and by certain exhibits.

Two hearings...

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