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Fred B. Collier v. Honorable Frank A. Picard, United States District Judge for the Eastern District of Michigan, Southern Division

Fred B. COLLIER Et Al., Appellants, v. Honorable Frank A. PICARD, United States District Judge for the Eastern District of Michigan, Southern Division, Appellee

Collier v. Picard, 237 F.2d 234 (6th Cir. 1956)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
September 19, 1956
Docket
No. 12951_1
Judges
Per Curiam
Citations
237 F.2d 2341956 U.S. App. LEXIS 2888

Opinion — Per Curiam

PER CURIAM.

A motion has been filed to dismiss this appeal from an order of a district judge refusing to disqualify himself in a proceeding in response to a motion and affidavit of bias or prejudice filed under the provisions of 28 U.S.C.A. § 144 .

The order of which the appellants complain is not appealable. It is not a final decision, 28 U.S.C.A. § 1291 ; it is not such an interlocutory order or decree as is described in 28 U.S.C.A. § 1292 . In re Chicago Rapid Transit Co., 7 Cir., 1953, 200 F.2d 341, 343 , 33 A.L.R.2d 1360 ; Skirvin v. Mesta, 10 Cir., 1944, 141 F.2d 668, 671 . The denial of a motion and affidavit of bias or prejudice filed under 28 U.S.C.A. § 144 can be reviewed upon appeal of an interlocutory order which is appealable or upon appeal from the final decision in the proceeding in which the motion and affidavit were filed. See Korer v. Hoffman, 7 Cir., 1954, 212 F.2d 211, 213 , 45 A.L.R.2d 930 .

The motion to dismiss this appeal was filed by the Federal Housing Administration. Its standing to make the motion is questionable, since it has not been named as an appellee. A court of appeals has the duty, however, on its own motion to dismiss an appeal which it does not have jurisdiction to hear.

The present appeal in this cause is therefore dismissed.

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Cited by 15 cases

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1958: 11959: 11960: 11961: 21966: 21967: 11973: 11980: 21987: 11988: 11990: 12004: 119582026peak 1961 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Skirvin v. Mesta, 141 F.2d 668 (10th Cir. 1944) 71
Korer v. Hoffman, 212 F.2d 211 (7th Cir. 1954) 25
Chicago Rapid Transit Co. Elward v. Fallon, 200 F.2d 341 (7th Cir. 1953) 11

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