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IN RE AETNA CAS. & SUR. CO.

No. 90-5184.

919 F.2d 1136 (1990)

In re The AETNA CASUALTY AND SURETY COMPANY, Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Claire McGuire (argued), Office of the Gen. Counsel, Federal Home Loan Bank Bd., Washington, D.C., for FDIC.

Janet L. Mayfield (argued), Knoxville, Tenn., for Thomas G. Hull.

William B. Luther, Steven S. Usary, Luther, Anderson, Cleary, Ruth & Speed, Chattanooga, Tenn., Larry L. Simms (argued), Julia A. Dahlberg, Paul Blankenstein, Gibson, Dunn & Crutcher, Washington, D.C., Geoffrey C. Hazard, Jr., New Haven, Conn., for Aetna Cas. & Sur. Co.

Before MERRITT, Chief Judge, KEITH, KENNEDY, MARTIN, JONES, KRUPANSKY, WELLFORD, MILBURN, GUY, RYAN, BOGGS and NORRIS, Circuit Judges.

WELLFORD, Circuit Judge.

Petitioner Aetna Casualty & Surety Co. (Aetna) seeks a writ of mandamus ordering Chief Judge Thomas Hull of the Eastern District of Tennessee to recuse himself from a series of cases, asserting that the recusal is required by 28 U.S.C. § 455. We must first determine whether the extraordinary writ of mandamus is available in a controversy of this kind.

Both of these cases involved bankers bond claims arising from the failures...

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