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MURRAY v. NATIONAL BROADCASTING CO., INC.

No. 1566, Docket 93-9335.

35 F.3d 45 (1994)

Hwesu S. MURRAY, Plaintiff-Appellant, v. NATIONAL BROADCASTING COMPANY, INC. and Brandon Tartikoff, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 12, 1994.

Attorney(s) appearing for the Case

Gregory L. Reid, Mt. Vernon, NY, for plaintiff-appellant.

Susan Buckley, James Sandnes, Cahill, Gordon & Reindel, New York City, for defendants-appellees.

Before: NEWMAN, Chief Judge, and LUMBARD, Circuit Judge.

JON O. NEWMAN, Chief Judge:

Appellant's petition for rehearing raises an institutional issue of court procedure that merits a brief opinion. The issue is whether a case may be validly adjudicated by a panel of two circuit judges under circumstances where one of the three judges originally assigned to hear the appeal recused himself immediately before oral argument. We conclude that the two-judge panel was authorized to proceed with the determination of the appeal...

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