United States Seventh Circuit

In a condemnation action under 15 U.S.C. section 717f(h) involving the construction of a natural-gas pipeline, the ruling below is affirmed over appellants'-owners challenge where: 1) 28 U.S.C. section 455 does not apply to commissioners; 2) assuming that the section would apply, the commissioner would not be disqualified since disqualification is case specific; 3) the court would not consider an allegation of impropriety under section 455(a) since it was not raised until after the commission had made a decision; and 4) there was no abuse of discretion in the use of expert testimony since the commission's report addresses the strengths and weaknesses of the witnesses.

Appellate Information

• Argued 04/10/2008
• Decided 05/08/2008
• Published 05/08/2008

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Gerald A. Ambrose (argued), Sidley Austin, Chicago, IL, Matthew J. Feeley, White & Case, Miami, FL, for Plaintiff-Appellee., Charles F. Morrissey (argued), Karbal, Cohen, Economou, Silk & Dunne, Leo N. Cinquino (argued), Righeimer, Martin & Cinquino, Chicago, IL, for Defendants-Appellants., Richard S. Porter (argued), Hinshaw & Culbertson, Rockford, IL, for Defendants-Appellants.