Legal Opinion

In Re the Aetna Casualty and Surety Company

Court of Appeals for the Sixth Circuit

Decided November 26, 1990No. 90-5184PublishedCited by 29 opinions

1Opinion of the Court

WELLFORD, Circuit Judge.

Petitioner Aetna Casualty & Surety Co. (Aetna) seeks a writ of mandamus ordering Chief Judge Thomas Hull of the Eastern District of Tennessee to recuse himself from a series of cases, asserting that the recusal is required by 28 U.S.C. § 455. We must first determine whether the extraordinary writ of mandamus is available in a controversy of this kind.

Both of these eases involved bankers bond claims arising from the failures of the United American Bank and City & County Bank of Roane County arising out of defalcations by members of the Butcher family. After a hearing on…

2Cases cited26 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  3. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  4. In Re Diana R. Beard, (Two Cases)Court of Appeals for the Fourth Circuit · 1987
  5. Ex Parte FaheySupreme Court of the United States · 1947

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3Cited by29 opinions

  1. In Re School Asbestos Litigation. Pfizer Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee., Intervenor. Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Acands, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. Asten Group, Inc. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Lac D'AmiAnte Du Quebec, Ltee, Intervenor. W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Asten Group, Inc., Dana Corporation, Pfizer, Inc., Pittsburgh Corning Corporation, and W.R. Grace & Co.-Conn. v. The Honorable James McGirr Kelly, Nominal Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, Georgia-Pacific Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, and a Conditionally Certified Class, Kaiser Cement Corporation v. The Honorable James McGirr Kelly, Nominal School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School DistrictCourt of Appeals for the Third Circuit · 1992
  2. In Re Bankers Trust CompanyCourt of Appeals for the Sixth Circuit · 1995
  3. In Re Kansas Public Employees Retirement SystemCourt of Appeals for the Eighth Circuit · 1996
  4. Scott v. Metropolitan Health Corp.Court of Appeals for the Sixth Circuit · 2007
  5. In Re: Bellsouth Corporation, in Re: Terry Price and Lehr, Middlebrooks, Price & Proctor, P.C.Court of Appeals for the Eleventh Circuit · 2003

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