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EMLE INDUSTRIES, INC. v. PATENTEX, INC.

Nos. 668-673, Dockets 72-2048 to 72-2053.

478 F.2d 562 (1973)

EMLE INDUSTRIES, INC., et al., Plaintiff, and GLEN RAVEN MILLS, INC., et al., Plaintiffs in Separate Actions and Appellants, v. PATENTEX, INC., Defendant in All Actions and Appellee, and Burlington Industries, Inc., Former Defendant in Emle Action.

United States Court of Appeals, Second Circuit.

Decided May 9, 1973.

Attorney(s) appearing for the Case

Frederic Houston, New York City, for appellant Glen Raven Mills, Inc.; John L. Ryan, New York City, for appellants Knit Products Corp., Bossong Hosiery Mills, Inc., Tower Hosiery Mills, Inc., and Holt Hosiery Mills Inc.; William T. Stephens, New York City, for appellant Alba-Waldensian, Inc. (Otterbourg, Steindler, Houston & Rosen, Pell & LeViness, Sullivan & Cromwell, New York City, Arthur O. Cooke, and Cooke & Cooke, Greensboro, N. C., on the brief).

George T. Mobille, Washington, D. C. (Robert S. Newman, Whitman & Ransom, New York City, George M. Sirilla, Cushman, Darby & Cushman, Washington, D. C., on the brief), for appellee.

Before KAUFMAN, ANDERSON and OAKES, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

We are called upon today to decide a question of acute sensitivity and importance, touching upon vital concerns of the legal profession and the public's interest in the scrupulous administration of justice. At issue is the disqualification of David Rabin, Esq., on the ground that his representation of the plaintiffs in the underlying actions below constituted a breach of Canon 4 of the Code of Professional Responsibility, which governs...

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