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ARMSTRONG v. McALPIN

No. 1010, Docket 79-7042.

606 F.2d 28 (1979)

Michael F. ARMSTRONG et al., Plaintiffs-Appellees, v. Clovis McALPIN et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 12, 1979.

Attorney(s) appearing for the Case

J. Robert Lunney, New York City (Michael J. McAllister and James J. DeLuca, Lunney & Crocco, New York City, on brief), for defendants-appellants.

Franklin B. Velie, New York City (Gordon, Hurwitz, Butowsky, Baker, Weitzen & Shalov, New York City, on brief), for plaintiffs-appellees.

The Securities and Exchange Commission (Paul Gonson, Principal Associate Gen. Counsel, John P. Sweeney, Sp. Counsel, Anne C. Flannery, Atty., Washington, D. C., on brief), for amicus curiae.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and BONSAL, District Judge.

NEWMAN, Circuit Judge:

This appeal from denial of a motion to disqualify the law firm that represents the plaintiffs raises an important issue of legal ethics: whether and in what circumstances the disqualification of a lawyer because of his prior role as a government lawyer requires the disqualification of his law firm.

Theodore Altman, Esq. served on the staff of the Securities and Exchange Commission from 1967 to October, 1975. For the last three years...

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