EL FENIX de PUERTO RICO v. THE M/Y JOHANNY

No. 93-1493.

36 F.3d 136 (1994)

EL FENIX de PUERTO RICO, Plaintiff, Appellant, v. THE M/Y JOHANNY, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 26, 1994.


Attorney(s) appearing for the Case

Fernando D. Castro, with whom Calvesbert & Brown, San Juan, PR, was on brief, for appellant.

Jorge Calero Blanco, with whom Ada Pilar Martin and Ledesma, Palou & Miranda, Hato Rey, PR, were on brief, for appellees.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.


CYR, Circuit Judge.

In this case we must decide whether a recusal order under 28 U.S.C. § 455(a) may be set aside on reconsideration by the judge who entered it. As we conclude that it was improper for the recused judge to revisit the recusal order in these circumstances, we leave appellant's substantive challenges to the district court judgment for consideration on remand.

I

BACKGROUND

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