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IN RE ANTAR

No. 95-5283.

71 F.3d 97 (1995)

In re Sam M. ANTAR, Petitioner-Defendant. SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Respondent, v. Sam M. ANTAR, Allen Antar, and Benjamin Kuszer, Defendants, and Rori Antar, Sam A. Antar, Michelle Antar, Adam Kuszer, Sam Kuszer, Simon Kuszer, Rose Antar and Sam M. Antar, Relief Defendants, Hon. Nicholas H. Politan, United States District Judge for the District of Newark, Nominal Respondent.

United States Court of Appeals, Third Circuit.

Decided November 28, 1995.

Attorney(s) appearing for the Case

Kathryn Keneally (argued), Linda Donahue, Kostelanetz & Fink, LLP, New York City, for Petitioner-Defendant Sam M. Antar.

Randall W. Quinn (argued), Senior Litigation Counsel, Eric Summergrad, Principal Assistant General Counsel, Catherine A. Broderick, Counsel to the Assistant General Counsel, S.E.C., Washington, DC, for Respondent S.E.C.

Gerald Krovatin, Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, NJ, for Respondent Allen Antar.

Marvin Gersten, Gersten, Savage, Kaplowitz & Curtin, New York City, for Respondents Benjamin Kuszer, Adam Kuszer, Sam Kuszer, Simon Kuszer, Rose Antar and Sam M. Antar.

Before: MANSMANN, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

This Petition for Writ of Mandamus raises the delicate and difficult issue of judicial disqualification. Petitioner, Sam Antar, is the defendant in a civil action brought by the Securities and Exchange Commission ("SEC"). He is also the father of Eddie and Mitchell Antar, who were convicted of conspiracy to commit securities and mail fraud. On appeal, the sons' convictions were overturned and the district judge was...

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