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MATTER OF JOHNSON

No. 90-8249.

921 F.2d 585 (1991)

In the Matter of Ruben JOHNSON, Debtor. Mary Carol CUNNINGHAM, Appellant, v. R. Glen AYERS, Jr., Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 1991.

Attorney(s) appearing for the Case

Edwin F. Guyon, Salt Lake City, Utah, Martin Warren Seidler, San Antonio, Tex., for appellant.

Mark H. Marshall, Asst. U.S. Atty., Ronald F. Ederer, U.S. Atty., Austin, Tex., for appellee.

Before WISDOM, GEE, and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

This is an appeal from an order issued by former Bankruptcy Judge R. Glen Ayers, Jr. holding Mary Carol Cunningham in contempt of court. Because we agree with appellant Cunningham that Judge Ayers should have recused himself from conducting the contempt proceeding, we REVERSE the district court's affirmation of the contempt order. We VACATE the contempt order.

BACKGROUND

Cunningham, who was serving as a Chapter 7 Bankruptcy...

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