Legal Opinion

Michael F. Armstrong v. Clovis McAlpin

Court of Appeals for the Second Circuit

Decided June 20, 1980No. 745, Docket 79-7042PublishedCited by 218 opinions

1Opinion of the Court

In this en banc proceeding, we are called upon to consider two significant issues: the appealability of orders denying a motion to disqualify an attorney and the standard to be applied by the trial judge in ruling upon such motions. Clovis McAlpin and Capital Growth Real Estate Fund, Inc., two of numerous defendants in a suit seeking over $24 million for violation of federal securities laws, appeal from an order of the United States District Court for the Southern District of New York, Henry F. Werker, J., denying their motion to disqualify the law firm representing plaintiffs. The appeal was…

2Cases cited33 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Abney v. United StatesSupreme Court of the United States · 1977
  3. Stack v. BoyleSupreme Court of the United States · 1952
  4. Cinema 5, Ltd. v. Cinerama, Inc.Court of Appeals for the Second Circuit · 1976
  5. Roberts v. United States District Court for the Northern District of CaliforniaSupreme Court of the United States · 1950

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3Cited by218 opinions

  1. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  2. United States v. Gaetano ModicaCourt of Appeals for the Second Circuit · 1981
  3. Alfred B. Freeman v. Chicago Musical Instrument Co.Court of Appeals for the Seventh Circuit · 1982
  4. Armstrong v. McAlpinCourt of Appeals for the Second Circuit · 1983
  5. In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985

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