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MARTY'S FLOOR COVERING CO., INC. v. GAF CORP.

No. 78-1603.

604 F.2d 266 (1979)

MARTY'S FLOOR COVERING CO., INC., Appellant, v. GAF CORPORATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 1979.

Attorney(s) appearing for the Case

Christopher M. Kerns, Washington, D. C. (J. Thomas Burch, Jr., Leslie Yu Burch, Kerns & Klimek, Washington, D. C., on brief), for appellant.

John D. Field, III, Washington, D. C. (Catherine T. Porter, Leslie H. Wiesenfelder, Dow, Lohnes & Albertson, Washington, D. C., Edward D. Tanenhaus, Associate Counsel, GAF Corp., New York City, on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

This private antitrust case is complicated by an issue concerning the propriety of the trial judge's participation in the case. The case was tried non-jury before Chief Judge Richard B. Kellam, of the Eastern District of Virginia, who found for defendant. The case involved purchase of tile by plaintiff from defendant. After losing the case, plaintiff sought a new trial and recusal of the judge...

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