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IN RE LARSON

Nos. 94-3488, 94-3538.

43 F.3d 410 (1994)

In reeter LARSON, Petitioner. In re Neal LARSON; Robert Farrar; Black Hills Institute of Geological Research; Terry Wentz; Edwin Allen Cole; Jun Shimizu, Petitioners.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1994.

Attorney(s) appearing for the Case

Patrick Duffy, Rapid City, SD (Mark Marshall, on the brief), for petitioner Peter Larson.

Bruce Ellison, Rapid City, SD (Ronald Banks, Randal Connelly, Terry Pechota and George Grassby, on the brief), for petitioner Neal Larson.

Robert Mandell, David Zuercher, Asst. U.S. Attys., Rapid City, Robert Hofer, Pierre, SD, for Judge Battey.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

MAGILL, Circuit Judge.

Peter and Neal Larson, four other individuals associated with the Black Hills Institute of Geological Research (the Institute), and the Institute (collectively referred to as Petitioners) petition this court for a writ of mandamus to the United States District Court for the District of South Dakota. Petitioners seek a writ instructing that court to: (1) vacate its order denying Petitioners' motions for recusal under 28 U.S.C. § 455(a) and...

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