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IN RE DREXEL BURNHAM LAMBERT INC.

No. 578, Docket 88-3060.

861 F.2d 1307 (1988)

In re DREXEL BURNHAM LAMBERT INCORPORATED, Drexel Burnham Lambert Group Incorporated, Michael R. Milken, Lowell J. Milken, Cary J. Maultasch, and Pamela R. Monzert, Petitioners. In re IVAN F. BOESKY SECURITIES LITIGATION. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. DREXEL BURNHAM LAMBERT INCORPORATED, Drexel Burnham Lambert Group Incorporated, Michael R. Milken, Lowell J. Milken, Cary J. Maultasch, and Pamela Monzert, Defendants.

United States Court of Appeals, Second Circuit.

Decided November 15, 1988.

Attorney(s) appearing for the Case

Peter Fleming, Jr., New York City (Eliot Lauer, Mark H. O'Donoghue, Curtis, Mallet-Prevost, Colt & Mosle, New York City, of counsel), for defendants Drexel Burnham Lambert Inc. and Drexel Burnham Lambert Group, Inc.

Arthur Liman, New York City (Martin Flumenbaum, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for defendant Michael R. Milken.

Paul Gonson, Washington, D.C. (Thomas C. Newkirk, S.E.C., Washington, D.C., of counsel), for S.E.C.

George Reycraft, New York City (Richard J. Wiener, Pamela Rogers Chepiga, Debra L. Brown, Cadwalader, Wickersham & Taft, New York City, of counsel), for Arden Way.

David Berger, Philadelphia, Pa. (Berger & Montague, P.C., Philadelphia, Pa., of counsel), for class plaintiffs in In re Boesky Securities Litigation.

Before LUMBARD, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge.

A petition for a writ of mandamus has been presented seeking the disqualification of Senior United States District Court Judge Milton Pollack from presiding over certain civil fraud actions arising from claims of illegal insider trading. One action has been instituted by the plaintiff Securities and Exchange Commission (SEC or Commission) against the present petitioners, defendants Drexel Burnham Lambert Incorporated, Drexel Burnham Group...

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