LAXALT v. McCLATCHY

CV-R-84-407-ECR.

602 F.Supp. 214 (1985)

Paul LAXALT, Plaintiff, v. C.K. McCLATCHY, Publisher; McClatchy Newspapers, a corporation, the Sacramento Bee, a newspaper; Frank McCulloch; Michael Kidder; Denny Walsh; Art Nauman; Fresno Bee, a newspaper; George Gruner; Don Slinkard; Modesto Bee, a newspaper; Sanders LaMont; Ray Nish; Doe Corporations I through XX; Doe Partnerships I through XX; Doe Associations I through XX; Does I through XX, Defendants. C.K. McCLATCHY; McClatchy Newspapers, a California corporation; Frank McCulloch; Denny Walsh; and Art Nauman, Counterclaimants, v. Paul LAXALT, Counterdefendant.

United States District Court, D. Nevada.

January 22, 1985.


Attorney(s) appearing for the Case

Richard L. Davenport, Reno, and Seymour Shainswit, New York City, for plaintiff.

Ray Larroca, James L. Brosnahan, Linda E. Shostak, c/o Ray Larroca, San Francisco, Cal., for McClatchy & McClatchy Newspapers, Sacramento Bee, McCulloch, Kidder, Nauman, Fresno Bee, Gruner, Slindard, Modesto Bee, Lamont & Nish.

Thomas E. Kotoske, Palo Alto, Cal., for Dennis Walsh.

Brent T. Adams, Associate counsel, Reno, Nev., for all defendants.


OPINION

EDWARD C. REED, Jr., District Judge.

The defendants have filed objections to the Order entered by U.S. Magistrate Phyllis Halsey Atkins on November 16, 1984, wherein she denied their motion that she disqualify herself. They ask that this District Court review the matter and disqualify the Magistrate pursuant to 28 U.S.C. § 455(a).

The facts are not in dispute. Magistrate Atkins candidly attached her statement of the facts to her Order...

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