Legal Opinion

Hwesu S. Murray v. National Broadcasting Company, Inc. And Brandon Tartikoff

Court of Appeals for the Second Circuit

Decided August 12, 1994No. 1566, Docket 93-9335PublishedCited by 28 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

Appellant’s petition for rehearing raises an institutional issue of court procedure that merits a brief opinion. The issue is whether a case may be validly adjudicated by a panel of two circuit judges under circumstances where one of the three judges originally assigned to hear the appeal recused himself immediately before oral argument. We conclude that the two-judge panel was authorized to proceed with the determination of the appeal. We therefore deny the petition for rehearing.

The appeal was originally assigned to a panel consisting of Judge Lumbard, Judge…

2Cases cited6 opinions

  1. Textile Mills Securities Corp. v. CommissionerSupreme Court of the United States · 1941
  2. United States v. Roger BurnettCourt of Appeals for the Second Circuit · 1993
  3. United States v. Fred M. Glover, AKA BlackbusterCourt of Appeals for the D.C. Circuit · 1984
  4. Filiberto Ojeda Rios v. George Wigen, Warden, Metropolitan Correctional CenterCourt of Appeals for the Second Circuit · 1988
  5. United States v. Nicholas DeliaCourt of Appeals for the Second Circuit · 1991

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

3Cited by28 opinions

  1. Eagleston v. GuidoCourt of Appeals for the Second Circuit · 1994
  2. Villager Pond, Inc. v. Town Of DarienCourt of Appeals for the Second Circuit · 1995
  3. Nguyen v. United StatesSupreme Court of the United States · 2003
  4. Bender v. City Of New YorkCourt of Appeals for the Second Circuit · 1996
  5. Giano v. GoordCourt of Appeals for the Second Circuit · 2004

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

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