TRONE v. SMITH

No. 77-8116.

553 F.2d 1207 (1977)

Curvin J. TRONE, Jr., Trustee for Westgate California Corporation, et al., Plaintiffs-Respondents, v. C. Arnholt SMITH et al., Defendants-Petitioners.

United States Court of Appeals, Ninth Circuit.

May 10, 1977.


Attorney(s) appearing for the Case

Alan D. Croll, Alan C. Lebow, Wyman, Bautzer, Rothman & Kuchel, Los Angeles, Cal., for plaintiffs-respondents.

Thomas R. Sheridan, Simon & Sheridan, Mitchell L. Lathrop, Thomas S. Kidde, Kenneth A. Braun, Macdonald, Halsted & Laybourne, Los Angeles, Cal., Robert G. Steiner, Michael J. Weaver, Luce, Forward, Hamilton & Scripps, San Diego, Cal., for defendants-petitioners.

Before BROWNING and TRASK, Circuit Judges.


Despite the implications in Cord v. Smith, 338 F.2d 516 (9th Cir. 1964), we conclude that 28 U.S.C. § 1292(b) is not the proper avenue by which to obtain review of the district court's denial of a motion to disqualify an attorney for conflict of interest. See Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp., 496 F.2d 800 (2d Cir. 1974) (in banc). See also Melamed v. ITT Continental...

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