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MERGENTIME CORP. v. WMATA

Nos. 97-7138 to 97-7140.

166 F.3d 1257 (1999)

MERGENTIME CORPORATION, et al., Appellants/Cross-Appellees, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, et al., Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1999.

Attorney(s) appearing for the Case

Philip Allen Lacovara argued the cause for appellant/cross-appellee Mergentime Corporation. With him on the briefs were Gary A. Orseck and Mark S. Davies.

Richard K. Willard argued the cause for appellant/cross-appellee Perini Corporation. With him on the briefs were Stephen A. Fennell, Brian J. Leske and John R. Keys, Jr. Robert S. Fischler entered an appearance.

W. Stanfield Johnson argued the cause for appellees/cross-appellants. With him on the briefs were George D. Ruttinger, Gerard J. Stief, Robert J. Kniaz and Robert L. Polk.

Before: HENDERSON, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case requires us to interpret Federal Rule of Civil Procedure 63, which applies when a district judge becomes unable to proceed and is replaced by a successor judge. The original judge in this case presided over a 45-day bench trial, during which the parties presented more than 50 witnesses and introduced more than 4,000 exhibits. Because the original judge became terminally ill...

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