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IN RE FAULKNER

No. 88-1652.

856 F.2d 716 (1988)

In re David Lamar FAULKNER, James Larkin Toler, Spencer Hayward Blain, Jr., Paul Arlin Jensen, Kenneth Earl Cansler, and Paul Douglas Tannehill, Petitioners.

United States Court of Appeals, Fifth Circuit.

September 16, 1988.

Attorney(s) appearing for the Case

Michael S. Fawer, Herbert W. Larson, Jr., New Orleans, La., Paul E. Coggins, Davis, Meadow, Owens, Collier & Zachry, Charyl Wattley, Dallas, Tex., for James Larkin Toler.

Michael Tigar, Austin, Tex., Phil Burleson, Sr., Burleson, Pate & Gibson, Dallas, Tex., for Davis Lamar Furniture.

Dan C. Guthries, Jr., Dallas, Tex., for Kenneth Earl Cansler.

Terry R. Ray, Dallas, Tex., for Arthur Formann.

Richard Haynes, Haynes & Fullenweider, Randall B. Wilhite, Houston, Tex., for Paul Arlin Jensen.

William M. Ravkind, Deborah Goodall, Dallas, Tex., for Spencer Hayward Blain, Jr.

A. Joe Fish, U.S. Dist. Judge, Dallas, Tex., for respondents.

Marvin Collins, U.S. Atty., Terence J. Hart, Joseph M. Revesz, Dallas, Tex., for U.S.

Before GEE, POLITZ and SMITH, Circuit Judges.

PER CURIAM:

We are presented with a petition for writ of mandamus directing the district judge to recuse himself in this criminal proceeding. Concluding that under Liljeberg v. Health Services Acquisition Corp., ___ U.S. ___, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988), recusal is required, we grant the petition.

I.

The petitioners are charged, in an eighty-eight-count indictment, with conspiracy to misapply monies and funds of institutions insured...

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