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ALEXANDER v. PRIMERICA HOLDINGS, INC.

No. 93-5433.

10 F.3d 155 (1993)

Judd ALEXANDER; and Richard Edwards, on behalf of themselves and as representatives of a class of persons similarly situated, Petitioners, v. PRIMERICA HOLDINGS, INC., formerly known as Primerica Corporation; The Board of Directors of Primerica Holdings, Inc.; James Dimon; Irwin Ettinger; John Fowler; John Doe 1-10 (being individual members of the Primerica Holdings, Inc. Board of Directors); ABC (being the administrator of the American Can Salaried Retirees Group Insurance Plan); and John Doe 15-25 (being the individual members of the board, group or committee functioning as the administrator of the American Can Salaried Retirees Group Insurance Plan), Respondents, Honorable Alfred J. Lechner, Jr., United States District Judge for the District of New Jersey, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided November 29, 1993.

Attorney(s) appearing for the Case

Nicholas deB. Katzenbach (argued), Stuart Peim, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for petitioners.

Harvey Kurzweil (argued), Saul P. Morgenstern, Jacob S. Pultman, John J. Blood, Dewey Ballantine, Jonathan R. Morris, Richard M. Green, Primerica Corp., New York City, Donald A. Robinson, Robinson, St. John & Wayne, Newark, NJ, for respondents Primerica Holdings, Inc., James Dimon, Irwin Ettinger and John Fowler.

Before: ROTH, LEWIS, and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This case has been before us on several occasions. Its appearance before us at this time requires us to review the record of prior proceedings to determine whether the district court judge who has been presiding over this case, through his actions and conduct, has given the appearance of partiality such that all proceedings in this case should henceforth be reassigned to another judge in the District of New Jersey...

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