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MOODY v. SIMMONS

No. 88-5249.

858 F.2d 137 (1988)

James MOODY, Trustee of the Estate of Jeannette Corporation, and the Committee of Unsecured Creditors of Jeannette Corporation, and Robert J. Cindrich, Esquire, Mansmann Cindrich & Titus, Douglas A. Campbell, Esquire, and Campbell & Levine, Petitioners, v. The Honorable Paul A. SIMMONS, United States District Judge for the Western District of Pennsylvania, Nominal Respondent, and Security Pacific Business Credit, Inc., the Coca Cola Bottling Company of New York, Inc., KNY Development Corporation, J. Corp., John P. Brogan, John J. Brogan, Hanley Dawson, Jr., Hanley Dawson, III, James A. McLean, James R. Winoker, Robert M. Janowiak, Interdyne, Inc., Muench-Kreuzer, Candle Company, Calvin McCracken and Frank W. Storey, and Jeannette Corporation t/a Jeannette Glass, John Polojac and American Flint Glass Workers Union of North America, Local No. 535, Respondents.

United States Court of Appeals, Third Circuit.

Rehearing and Rehearing Denied October 20, 1988.

Attorney(s) appearing for the Case

Robert L. Potter, Strassburger McKenna Gutnick & Potter, Pittsburgh, Pa., Michael J. Sweeney, Sidley & Austin, Chicago, Ill., David J. Armstrong, Dickie McCamey & Chilcote, P.C., Philip E. Beard, Stonecipher, Cunningham, Beard & Schmitt, H. Woodruff Turner, Kirkpatrick & Lockhart, Robert O. Lampl, David J. Humphreys, Humphreys & Nubani, P.C., David B. Mulvihill, Paul H. Titus, Mansmann, Cindrich & Titus, Stanley E. Levine, Campbell & Levine, Pittsburgh, Pa., Jay Topkis, Paul Weiss Rifkind Wharton & Garrison, New York City, for petitioners.

Mark A. Berthiaume, Goldstein & Manello, Boston, Mass., Grace S. Harris, Pittsburgh, Pa., for respondents.

Before BECKER, HUTCHINSON and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 20, 1988.

OPINION OF THE COURT

BECKER, Circuit Judge.

This opinion addresses a mandamus petition filed in the terminal stages of a protracted bankruptcy case. The case was before the district court, the reference to the bankruptcy court having been withdrawn. The petition arises from discomfiting circumstances, for it requests that the assigned district judge be ordered to vacate various comments and...

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