UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
March 25, 1985
WALTER A. READ, APPELLANT
THE HONORABLE CLARENCE W. TAYLOR, JUDGE OF THE SUPERIOR COURT, CHIEF JUSTICE DANIEL L. HERRMAN, CHIEF JUSTICE OF THE SUPREME COURT OF THE STATE OF DELAWARE, JUSTICE ANDREW G. T. MOORE, II, JUSTICE OF THE SUPREME COURT OF THE STATE OF DELAWARE, JUSTICE HENRY R. HORSEY, JUSTICE OF THE SUPREME COURT OF THE STATE OF DELAWARE, JUSTICE JOHN J. MCNEILLY, JUSTICE OF THE SUPREME COURT OF THE STATE OF DELAWARE, JUSTICE OF THE PEACE MICHEAL E. MCLAUGHLIN OF NEW CASTLE COUNTY, PIERRE S. DU PONT, IV, GOVERNOR OF THE STATE OF DELAWARE, JUSTICE WILLIAM T. QUILLEN OF THE SUPREME COURT, FORMALLY, (D.C. CIVIL NO. 84-0368)
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, (Hon. Joseph J. Longobardi, District Judge)
Before: GIBBONS, SLOVITER and VAN DUSEN, Circuit Judges
Walter A. Read appeals from an order denying his motion, pursuant to 28 U.S.C. §§ 144 and 455, for an order that the tiral (trial) judge recuse because of his alleged friendship with one of the defendants. The case remains unresolved in the district court. Denial of the motion can be raised as a ground for appeal following the trial, if Mr. Read should not succeed at trial. Thus the order is interlocutory.
It is O R D E R E D and A D J U D G E D that the judgment of the District Court is affirmed. Costs are taxed in favor in appellees.
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