ECKLES v. FURTH

No. 1122, Docket 77-7105.

557 F.2d 953 (1977)

R. T. ECKLES, Trustee in Bankruptcy for Mountain States Sports, Inc. d/b/a Utah Stars, Cross-Claimant-Appellant, v. Frederick P. FURTH, Appellee, American Basketball Association, Long Island Sports, Denver Nuggets, Inc., Spurs Professional Basketball Club, Ltd. and Indiana Pacers, L.P., Intervenor-Appellees. AMERICAN BASKETBALL ASSOCIATION et al., Cross-Claimants, v. NATIONAL BASKETBALL ASSOCIATION et al., Cross-Defendants-Appellees. Oscar ROBERTSON et al., Plaintiffs, v. NATIONAL BASKETBALL ASSOCIATION et al., Defendants.

United States Court of Appeals, Second Circuit.

Decided June 16, 1977.


Attorney(s) appearing for the Case

Thomas V. Heyman, New York City (Watson, Leavenworth, Kelton & Taggart, Maxim H. Waldbaum, New York City, and Robert G. Pierce, Butler, Landrum, Pierce and Turner, Lakewood, Colo., of counsel), for cross-claimant-appellant.

Frederick P. Furth, pro se.

Robert S. Carlson, New York City (Spengler, Carlson, Gubar, Churchill & Brodsky, William J. McSherry, Jr., Alison Rivard, New York City, of counsel), for intervenor-appellees.

Michael A. Cardozo, New York City (Proskauer, Rose, Goetz & Mendelsohn, Richard L. Wasserman, New York City, of counsel), for cross-defendants-appellees other than Madison Square Center Garden, Inc. and Madison Square Garden Corp.

Before WATERMAN, SMITH and FEINBERG, Circuit Judges.


FEINBERG, Circuit Judge:

In Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp., 496 F.2d 800 (2d Cir.1974) (en banc), we held that orders granting or denying disqualification motions are directly appealable. Since then, "such motions and appeals have proliferated," W. T. Grant & Co. v. Haines, 531 F.2d 671, 678 (2d Cir.1976), and we are now presented with an unusual variation...

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