U.S. Court of Appeals for the D.C. Circuit, 1960

John Cunningham v. Martin F. O'donoghue, Chairman of the Board of Monitors, and Lawrence T. Smith, as Monitor

U.S. Court of Appeals for the D.C. Circuit · Decided April 14, 1960 · No. 15483 · Edgerton, Fahy, Miller, Per Curiam, Wilbur

278 F.2d 274; 107 U.S. App. D.C. 394; 45 L.R.R.M. (BNA) 3157; 1960 U.S. App. LEXIS 4860 (Federal Reporter, Second Series)

Counsel

Mr. J. Benjamin Simmons, Washington, D. C., for appellant,, Mr. Joseph DuCoeur, Washington, D. C., with whom Mr. Herbert J. Miller, Jr., Washington, D. C., was on the brief for appellees, argued for appellee O’Donoghue. Mr. Raymond G. Larroca, Washington, D. C., also entered an appearance for appellee O’Donoghue., Mr. Eugene F. Mullin, Jr., Washington, D. C., for appellee Smith. Mr. J. Parker Connor, Washington, D. C., also entered an appearance for appellee Smith.

Cases that cite this one

1 later published case cites this decision.

Joseph Westenberg v. John F. English (D.C. Cir. 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The appeal is from an order of the District Court denying the motion filed there by appellant to remove Martin F. O’Donoghue as Chairman of the Board of Monitors and Lawrence T. Smith as a Monitor. Upon consideration of the record made in the District Court we are of the view that the claim of conflict of interests, made the basis for the motion, did not require the court as matter of law to hold that either Mr. O’Donoghue or Mr. Smith was disqualified to act under the court’s appointment, and we are also of the view that the District Court did not abuse its discretion in denying the motion. Cf. English v. Cunningham, 106 U.S.App.D.C. 70, 269 F.2d 517, 526.

Affirmed

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