United States Third Circuit

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SELKRIDGE v. UNITED OF OMAHA LIFE INS. CO., 03-1146, 03-1147

A trial judge cannot, without explanation, recuse himself in a substantial number of cases and, at substantially the same time, decline to recuse himself in another group of cases that appears indistinguishable for purposes of recusal. Since plenary review of the record shows that the res judicata and FRCP rule 60(b) issues were correctly decided as a matter of law, however, defendant is fairly entitled to its judgments.

Appellate Information

  • Argued 12/08/2003
  • Decided 02/24/2004
  • Published 02/24/2004

Judges

  • Before NYGAARD, BECKER and STAPLETON, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Lee J. Rohn,K. Glenda Cameron (Argued), Christiansted, St. Croix, and Terry M. Halpern, Charlotte Amalie, St. Thomas, for Appellant.

  • For Appellees:
  • Charles E. Engeman, Simone R.D. Francis (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, Charlotte Amalie, St. Thomas, for Appellee.
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