Legal Opinion

Pepsico, Inc., and Wilson Sporting Goods Co. v. Honorable Thomas R. McMillen Judge, United States District Court for the Northern District of Illinois

Court of Appeals for the Seventh Circuit

Decided June 6, 1985No. 85-1932PublishedCited by 121 opinions

1Opinion of the Court

POSNER, Circuit Judge.

On June 3, 1985, the defendants in an antitrust suit pending before Judge McMil-len in the Northern District of Illinois petitioned us under 28 U.S.C. § 1651 for a writ of mandamus directing the judge to recuse himself from presiding in the case. At the time the petition was filed, Judge McMillen had merely indicated informally that he would not recuse himself; no formal motion of recusal had been filed or acted on. We suspended consideration to give the defendants a chance to file, and the judge to rule on, the motion. The judge denied the formal motion, the parties…

2Cases cited2 opinions

  1. Sca Services, Inc. v. Hon. Robert D. Morgan, Judge, United States District Court for the Southern District of IllinoisCourt of Appeals for the Seventh Circuit · 1977
  2. Potashnick v. Port City Construction Co.Court of Appeals for the Fifth Circuit · 1980

3Cited by121 opinions

  1. United States v. John M. MurphyCourt of Appeals for the Seventh Circuit · 1985
  2. United States v. Frank Peter Balistrieri, Steve Disalvo, and Dennis Librizzi, DefendantsCourt of Appeals for the Seventh Circuit · 1985
  3. In the Matter of Bradford MasonCourt of Appeals for the Seventh Circuit · 1990
  4. George C. Hook v. The Honorable Joe Billy McDade Judge, United States District Court for the Central District of IllinoisCourt of Appeals for the Seventh Circuit · 1996
  5. 38 Fair empl.prac.cas. 1685, 38 Empl. Prac. Dec. P 35,604 Silas J. Alexander v. Chicago Park DistrictCourt of Appeals for the Seventh Circuit · 1985

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