MERLE NORMAN COSMETICS v. U.S. D. CT., C.D. OF CAL.

No. 88-7109.

856 F.2d 98 (1988)

MERLE NORMAN COSMETICS, INC., et al., Petitioners, v. UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, Respondent. James L. Kemper, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1988.


Attorney(s) appearing for the Case

Michael J. Kump, Kinsella, Boesch, Fujikawa & Towle, Los Angeles, Cal., for petitioners.

Joel R. Bennett, Fulwider, Patton, Rieber, Lee & Utecht, and Fred Lorig, Los Angeles, Cal., for the real party in interest.

Before NELSON, REINHARDT and O'SCANNLAIN, Circuit Judges.


REINHARDT, Circuit Judge:

This case arises on a petition for a writ of mandamus. Petitioners, the defendants in the underlying litigation, challenge the district court's denial of their motion to disqualify attorney Joel Bennett from representing plaintiff James Kemper. Petitioners seek disqualification primarily because of Bennett's alleged connection with John Scholl, who previously represented petitioner Merle Norman Cosmetics while a partner in a law firm with...

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