UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
April 30, 1985
UNITED STATES OF AMERICA
LINDA RUBINO, JACK DWYER, SALVATORE PROVENZANO, MARVIN ZALK, GERALD HOGAN, AND JACK SPERO, APPELLANTS; LINDA RUBION, APPELLANT IN NO. 84-5670, JACK DWYER, APPELLANT IN NO. 84-5671, SALVATORE PROVENZANO, APPELLANT IN NO. 84-5673, MARVIN ZALK, APPELLANT IN NO. 84-5685, GERALD HOGAN, APPELLANT IN NO. 84-5686, JACK SPERO, APPELLANT IN NO. 84-5687
(Criminal Action No. 83-00104 - D.N.J. - Newark) District Judge: Honorable Walter K. Stapleton.
BEFORE; SEITZ, WEIS, and ROSENN, Circuit Judges.
SEITZ, Circuit Judge.
After Consideration of the contentions raised by appellants, to-wit, that the facts relating to the trial judge's husband, when viewed in light of the circumstances of this case, called for recusal under 28 U.S.C. § 455(a) and since the facts were not known until after the trial, a new trial is required, and
The panel finding no abuse of discretion in the determination of the district court, it is
ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.
© 1998 VersusLaw Inc.