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UNITED FAMILY LIFE INSURANCE COMPANY v. BARROW

No. 71-1611.

452 F.2d 997 (1971)

UNITED FAMILY LIFE INSURANCE COMPANY, Petitioner, v. Allen E. BARROW, United States District Judge for the Northern District of Oklahoma, et al., Respondents.

United States Court of Appeals, Tenth Circuit.

November 17, 1971.

Attorney(s) appearing for the Case

V. P. Crowe, Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., Ellis Gable, Gable, Gotwals, Hays, Rubin & Fox, Tulsa, Okl., William H. Major, Heyman & Sizemore, Atlanta, Ga., for petitioner.

James L. Kincaid and Irvine E. Ungerman, Tulsa, Okl., for respondent.

Before HILL, SETH and BARRETT, Circuit Judges.

PER CURIAM.

The petitioner, United Family Life Insurance Co., the defendant in Case No. 71-C-85, brought this original action seeking a writ of mandamus or prohibition to have the United States District Judge disqualified to proceed further in the case. The petitioner had previously filed an affidavit of disqualification pursuant to 28 U.S.C. §§ 144 and 455, but the Judge, respondent herein, refused to step down. A formal order refusing to disqualify was...

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