Fleischer v. A.A.P., Inc.

PALMIERI, District Judge.

Before turning to the merits of the motions before the Court, plaintiff’s application to disqualify the Court on the ground of “personal bias or prejudice '* * * against him," 28 U.S.C. § 144 (1952), must be discussed. The application was made under the following circumstances. During oral argument counsel for one of the defendants herein stated that the Court of Appeals, in an opinion on another aspect of this case, 1 had rebuked plaintiff’s counsel. 2 Plaintiff’s counsel rose to what he termed a “point of personal privilege,” stating that the remark referred to was…