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HEALTH SERVICES ACQUISITION CORP. v. LILJEBERG

No. 86-3069.

796 F.2d 796 (1986)

HEALTH SERVICES ACQUISITION CORP., Plaintiff-Appellant, v. John A. LILJEBERG, Jr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 9, 1986.

Attorney(s) appearing for the Case

Curtis R. Boisfontaine, Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, Kathryn J. Lichtenberg, Levy, Marx, Lucas & Rosen, William M. Lucas, Jr., Joyce M. Dombourian, New Orleans, for plaintiff-appellant.

A.J. Schmitt, Jr., Melvin W. Mathes, Schmitt & Mathes, New Orleans, for defendant-appellee.

Before CLARK, Chief Judge, GARZA, and JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 9, 1986.

CLARK, Chief Judge:

Appellant Health Services Acquisition Corporation (HSAC) appeals from the denial of its motion to vacate a judgment and to grant a new trial. Finding that the judge who rendered the judgment against HSAC had constructive knowledge of facts sufficient to create an appearance of impropriety under 28 U.S.C. § 455(a), we reverse and remand...

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