Hwesu S. Murray v. National Broadcasting Company, Inc. And Brandon Tartikoff
Court of Appeals for the Second Circuit
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
- Textile Mills Securities Corp. v. CommissionerSupreme Court of the United States · 1941
- United States v. Roger BurnettCourt of Appeals for the Second Circuit · 1993
- United States v. Fred M. Glover, AKA BlackbusterCourt of Appeals for the D.C. Circuit · 1984
- Filiberto Ojeda Rios v. George Wigen, Warden, Metropolitan Correctional CenterCourt of Appeals for the Second Circuit · 1988
- United States v. Nicholas DeliaCourt of Appeals for the Second Circuit · 1991
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- Giano v. GoordCourt of Appeals for the Second Circuit · 2004
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