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ESTATE OF ANDREWS BY ANDREWS v. U.S.

Civ. A. No. 2:92cv97.

804 F.Supp. 820 (1992)

ESTATE OF Virginia C. ANDREWS, Deceased, by Eugene C. ANDREWS and Charles E. Payne, Co-Executors, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

October 27, 1992.

Attorney(s) appearing for the Case

Philip Ray Farthing, Payne, Gates, Farthing & Radd, Norfolk, Va., for plaintiff.

George M. Kelley, III, U.S. Atty.'s Office, Norfolk, Va., Harry J. Giacometti, Margaret M.E. Earnest, U.S. Dept. of Justice, Trial Attys., Tax Div., Washington, D.C., for defendant.

MEMORANDUM OPINION AND ORDER

PAYNE, District Judge.

The issue before the court is whether counsel for plaintiff, the Estate of Virginia C. Andrews ("Estate"), should be disqualified from representing the Estate in this tax refund action when trial counsel's law partner is a party to this action in his representative capacity as a co-executor of the Estate and when the partner will be a material witness at trial. For the reasons set forth below, the Estate...

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