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McCUIN v. TEXAS POWER & LIGHT CO.

Nos. 82-2230, 83-2115.

714 F.2d 1255 (1983)

Tilmon McCUIN, Willie Joe McCullough, Gary Don Robertson, et al., Plaintiffs-Appellees, Equal Employment Opportunity Commission, Intervenor-Appellee, v. TEXAS POWER & LIGHT CO., Etc., Defendant-Appellant. James Edmond DOW, et al., Plaintiffs-Appellees, v. CITY OF TYLER, Texas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1983.

Attorney(s) appearing for the Case

Charles H. Clark, Tyler, Tex., for defendant-appellant in No. 83-2115.

Mike Patterson, Richard Grainger, Tyler, Tex., for James Edmond Dow, et al.

Burford & Rayburn, Catherine A. Gerhauser, John F. McCarthy, Jr., J. Dan Bohannan, Dallas, Tex., for defendant-appellant in No. 82-2230.

Daves & McCabe, Larry R. Daves, Nell Hahn, Tyler, Tex., for plaintiffs-appellees in No. 82-2230.

Kenneth J. Burchfiel, E.E.O.C., Washington, D.C., for intervenor-appellee.

Before RUBIN and TATE, Circuit Judges, and STAGG, District Judge.

ALVIN B. RUBIN, Circuit Judge:

The right to counsel, safeguarded by the constitutional guarantee of due process of law, includes the right to choose the lawyer who will provide that representation. The defendants in each of these cases employed the brother-in-law of the judge before whom the case was pending. That judge then assigned the case to another judge, who found that in each case, the defendant had engaged the judge's relative as a strategem in order to disqualify...

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