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United States v. Rubino

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


April 30, 1985

UNITED STATES OF AMERICA
v.
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.

Author: Seitz

BEFORE; SEITZ, WEIS, and ROSENN, Circuit Judges.

JUDGMENT ORDER

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. ยง 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.

19850430

© 1998 VersusLaw Inc.



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