HAAS v. PITTSBURGH NAT. BANK

No. 79-2028.

627 F.2d 677 (1980)

Mary D. HAAS and John Mitchell, Individually and on behalf of all other persons similarly situated v. PITTSBURGH NATIONAL BANK, Mellon Bank, N. A., Equibank, N. A., all national banking corporations. Appeal of Allen N. BRUNWASSER.

United States Court of Appeals, Third Circuit.

Decided August 21, 1980.


Attorney(s) appearing for the Case

H. Woodruff Turner (argued), David A. Borkovic, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., guardian ad litem and for plaintiff class.

Michael P. Malakoff, Louise R. Malakoff, Berger, Kapetan, Malakoff & Meyers, Pittsburgh, Pa., Allen D. Black (argued), Eleanor W. Myers, Fine, Kaplan & Black, Philadelphia, Pa., for fee petitioners.

Before SEITZ, Chief Judge, ADAMS, Circuit Judge, and LORD, District Judge.


OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal by a member of the plaintiff class, Allen N. Brunwasser, from an order, 82 F.R.D. 457, in which the district judge recused himself on his own motion from continuing to preside over a hearing to determine the amount of attorneys' fees to be awarded counsel for the plaintiff class from the proceeds of a settlement in favor of that class. After entering the recusal order, the district judge, at the...

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