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PEPSICO, INC. v. McMILLEN

No. 85-1932.

764 F.2d 458 (1985)

PEPSICO, INC., and Wilson Sporting Goods Co., Petitioners, v. Honorable Thomas R. McMILLEN, Judge, United States District Court for the Northern District of Illinois, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Thomas R. McMillen, Chicago, Ill., pro se.

Roger Pascal, Schiff Hardin & Waite, Chicago, Ill., Arthur S. Friedman, Friedman & Gass, New York City, Marguerite S. Stephens, Howrey & Simon, Washington, D.C., for petitioners.

Before CUDAHY, ESCHBACH and POSNER, Circuit Judges.

POSNER, Circuit Judge.

On June 3, 1985, the defendants in an antitrust suit pending before Judge McMillen in the Northern District of Illinois petitioned us under 28 U.S.C. § 1651 for a writ of mandamus directing the judge to recuse himself from presiding in the case. At the time the petition was filed, Judge McMillen had merely indicated informally that he would not recuse himself; no formal motion of recusal had been filed or acted on. We suspended consideration...

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