Legal Opinion

Fed. Sec. L. Rep. P 98,017 Carl R. Duncan, on Behalf of Himself and All Others Similarly Situated v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Court of Appeals for the Fifth Circuit

Decided June 1, 1981No. 79-3112PublishedCited by 159 opinions

1Opinion of the Court

LEWIS R. MORGAN, Circuit Judge:

This is an appeal from a district court order granting the defendant’s motion to disqualify the law firm representing the plaintiff in a complex securities fraud action. Two questions are presented for our review. First, we must decide whether an order granting a disqualification motion is a “final decision” immediately appealable to this court under 28 U.S.C. § 1291. Finding that such an order is an appealable final decision, we have jurisdiction to consider the second question of whether the district court properly determined that disqualification of the law…

2Cases cited26 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  3. Catlin v. United StatesSupreme Court of the United States · 1945
  4. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  5. T. C. Theatre Corp. v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1953

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3Cited by159 opinions

  1. Alfred B. Freeman v. Chicago Musical Instrument Co.Court of Appeals for the Seventh Circuit · 1982
  2. Carl Johnston v. Harris County Flood Control DistrictCourt of Appeals for the Fifth Circuit · 1989
  3. Jimmie Lee Branch v. Charles Ray ColeCourt of Appeals for the Fifth Circuit · 1982
  4. Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian ChtdCourt of Appeals for the Seventh Circuit · 1983
  5. In Re American Airlines, Inc., Amr CorporationCourt of Appeals for the Fifth Circuit · 1992

154 more not listed; retrieve them via the Exa API.

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