IN RE McCARTHEY

No. 03-4269.

368 F.3d 1266 (2004)

In re Philip G. McCARTHEY; Thomas K. McCarthey; Sarah J. McCarthey; Shaun P. McCarthey; Maureen P. McCarthey, Petitioners. Kearns-Tribune, LLC; Medianews Group, Inc.; Kearns-Tribune Corp., Real Parties in Interest.

United States Court of Appeals, Tenth Circuit.

May 26, 2004.


Attorney(s) appearing for the Case

Victor R. Marshall and Cindi L. Pearlman, Victor R. Marshall & Associates, P.C., Albuquerque, NM, and Jean E. Dubofsky, Jean E. Dubofsky, P.C., Boulder, CO, and E. Barney Gesas, Clyde, Snow, Sessions & Swenson, Salt Lake City, UT, for Petitioners.

James S. Jardine and Allan T. Brinkerhoff, Ray, Quinney & Nebeker, Salt Lake City, UT, and Kevin T. Baine, Paul B. Gaffney and Suzanne H. Woods, Williams & Connolly LLP, Washington, DC, for Real Parties in Interest.

Before SEYMOUR, KELLY, and BRISCOE, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

This matter arises out a continuing fight over the ownership and control of The Salt Lake Tribune. See Salt Lake Tribune Publ'g Co. v. AT & T Corp., 320 F.3d 1081, 1084-85 (10th Cir.2003). In response to Petitioners' requests, the presiding judge, United States District Judge Ted Stewart, made various disclosures and repeatedly declined to recuse. Petitioners now seek a writ of mandamus to...

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