Marty's Floor Covering Co., Inc. v. Gaf Corporation

DUMBAULD, Senior District Judge.

This private antitrust case is complicated by an issue concerning the propriety of the trial judge’s participation in the case. The case was tried non-jury before Chief Judge Richard B. Kellam,, of the Eastern District of Virginia, who found for defendant. The case involved purchase of tile by plaintiff from defendant. After losing the case, plaintiff sought a new trial and recusal of the judge, on the ground that almost 50 years ago the judge when working in his brother’s law office had been one of the incorporators of Kellam & Eaton, Inc., a company doing…