Chugach Electric Ass'n v. United States District Court

MERRILL, Circuit Judge.

Petitioner is defendant in an action before respondent court brought by the trustee in bankruptcy of Mrak Coal Company. Petitioner moved to disqualify the trustee’s attorney, Edgar Paul Boyko, on the ground of conflict of interest contrary to the Canons of Ethics.1 The motion was denied by respondent court. That ruling not being appealable, Cord v. Smith, 338 F.2d 516 (9th Cir. 1964), petitioner brought this proceeding for a writ of mandamus directing the disqualification under 28 U.S.C. § 1651 <1964).

We here rule that disqualification is required. The decision is…