IN RE VIRGINIA ELEC. & POWER CO.

Nos. 76-1070, 76-1168.

539 F.2d 357 (1976)

In re VIRGINIA ELECTRIC AND POWER COMPANY, Petitioners. VIRGINIA ELECTRIC AND POWER COMPANY, Appellant, v. SUN SHIPBUILDING AND DRY DOCK COMPANY, Appellee, v. STONE AND WEBSTER ENGINEERING COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1976.


Attorney(s) appearing for the Case

Douglas W. Davis, Richmond, Va. (R. Kenneth Wheeler, Robert F. Brooks, Thomas G. Slater, Jr., Sandy T. Tucker, John C. Thomas, Hunton, Williams, Gay & Gibson, Richmond, Va., on brief), for petitioners.

John J. Runzer, Philadelphia, Pa., Charles W. Laughlin, Richmond, Va. (Pepper, Hamilton & Scheetz, Philadelphia, Pa., Christian, Barton, Epps, Brent & Chappell, Richmond, Va., Laurence V. Senn, Mudge, Rose, Guthrie & Alexander, New York City, John S. Battle, Jr., Rosewell Page, III, Joseph L. S. St. Amant, Neil S. Kessler, Richmond, Va., McGuire, Woods & Battle, Charlottesville, Va., on brief), for respondents.

Before BOREMAN, Senior Circuit Judge, CRAVEN, Circuit Judge and HADEN, District Judge.


CRAVEN, Circuit Judge:

Reluctantly and against his previously stated better judgment, the district judge recused himself from further participation in the trial of this action by VEPCO against defendant Sun Shipbuilding and Dry Dock Company. In the course of doing so, he also disqualified all other federal judges residing in Virginia. We are satisfied that the trial judge's decision was based upon a clearly erroneous finding...

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