United States Eighth Circuit

In an action to enforce a settlement agreement reached in bankruptcy proceedings, the district court's order denying defendant's motion to dismiss and to recuse the district judge is affirmed where the statements in the district court's opinions and in the transcripts manifestly did not demonstrate a deep-seated favoritism or antagonism, nor did they display a disposition so extreme as to render fair judgment impossible. However, the order enforcing the settlement agreement is reversed where the parties did not come to a meeting of the minds with respect to an essential term.

Appellate Information

• Decided 02/16/2010
• Published 02/16/2010

Judges

• RILEY, Circuit Judge., Before MURPHY, RILEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David L. Nadolsi, argued, Sioux Falls, SD (Nicole Nachtigal Emerson, on the brief), for appellant Tri-State.


• For Appellees:
  
• Patrick J. Lee-O'Halloran, Marvin T. Fabyanski, Minneapolis, MN, Ronald J. Hall, argued, Aberdeen, SD, for appellee American Prairie Construction.