AKERLY v. RED BARN SYSTEM, INC.

No. 76-1612.

551 F.2d 539 (1977)

Leon F. AKERLY v. RED BARN SYSTEM, INC., et al. Appeal of HARRISBURG BARNS, INC., et al.

United States Court of Appeals, Third Circuit.

Decided January 26, 1977.


Attorney(s) appearing for the Case

James C. Wood, Keith A. Clark, Shumaker, Williams & Clark, Harrisburg, Pa., for appellants.

Louis R. Koerner, Jr., Koerner & Babst, New Orleans, La. for appellee.

Before VAN DUSEN and ADAMS, Circuit Judges, and TEITELBAUM, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

The present appeal poses two independent questions. We must determine whether this Court has jurisdiction over an appeal from a denial of a motion to dismiss a complaint, when the motion has been premised on the allegedly unethical character of the representation by the attorneys for the plaintiff. Also, we are obliged to decide whether the district court abused its discretion in refusing to disqualify plaintiff...

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