CURVIN J. TRONE, JR., TRUSTEE FOR WESTGATE CALIFORNIA CORPORATION, ET AL., PLAINTIFFS-RESPONDENTS,
v.
C. ARNHOLT SMITH ET AL., DEFENDANTS-PETITIONERS

9th Cir. | 1977-05-10
No. 77-8116
Before BROWNING and TRASK, Circuit Judges.
553 F.2d 1207 United States Court of Appeals for the Ninth Circuit (1977) Negative Treatment
Cited by 16 cases

Opinion of the Court

Despite the implications in Cord v. Smith, 338 F. 2d 516 (9th Cir. 1964), we conclude that 28 U.S.C. § 1292(b) is not the proper avenue by which to obtain review of the district court’s denial of a motion to disqualify an attorney for conflict of interest. See Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp., 496 F. 2d 800 (2d Cir. 1974) (in banc). See also Melamed v. ITT Continental Baking Co., 534 F. 2d 82 (6th Cir. 1976); Draganescu v. First National Bank of Hollywood, 502 F. 2d 550 (5th Cir. 1974). We therefore deny permission to appeal pursuant to 28 U.S.C. § 1292(b). The accompanying motion for a stay of further proceedings is denied without prejudice.


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